Md. Safique Uddin Chuodhury vs Mustt. Sufia Monwara Begum Laskar ...
2022 Latest Caselaw 3011 Gua

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GAHC010138402022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : Crl.Rev.P./413/2022

            MD. SAFIQUE UDDIN CHUODHURY
            S/O LATE INTAJ ALI CHOUDHURY
            VILL- BOALIPAR PART-I,
            P.S. AND DIST. HAILAKANDI, ASSAM,
            PIN-788155
            VERSUS
            MUSTT. SUFIA MONWARA BEGUM LASKAR AND ANR
            D/O ALI RAJA LASKAR
            VILL- RAJYESWARPUR PART-I,
            P.S. LALA
            DIST. HAILAKANDI, ASSAM,
            PIN-788164
            2:THE STATE OF ASSAM
             REP. BY THE PP
            ASSA

Advocate for the Petitioner   : MR. R SHARMA

Advocate for the Respondent : PP, ASSAM

                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

16.08.2022

Heard Mr. R. Sarma, learned Senior Counsel assisted by Mr. E. Ahmed, learned counsel for the petitioner and also heard Mr. K.K. Parashar, learned Additional Public Prosecutor, Assam for the respondent no.2.

In this application under Section 397/401 read with Section 482 of the Page No.# 2/2

CPC, the petitioner has put to challenge the judgment and order dated 16.06.2022 passed by the learned Addl. Sessions Judge, Hailakandi in Crl. Revision No.86/2019 and the judgment and order dated 21.10.2019 & 21.11.2019 passed by the learned JMFC, Hailakandi in D.V. Case No.78/2018.

Vide order dated 21.10.2019, the learned JMFC, Hailakandi in D.V. Case No.78/2018 has directed the petitioner to maintenance @ Rs.1500/- p.m. and vide impugned judgment and order dated 16.06.2022 the Addl. Sessions Judge, Hailakandi has disposed of the said Crl. Revision No.86/2019 by allowing the same in part.

Admit.

Issue notice to the respondent, returnable in 4 (four) weeks.

Since Mr. K.K. Parashar, learned Additional Public Prosecutor, has entered appearance on behalf of the respondent No. 2, no formal notice is required to be issued to the said respondent. However, extra-copy of the petition be furnished to Mr. Parashar during the course of the day.

Notice upon respondent No. 2 be issued by registered post with A/D as well as by usual process within a week from today.

Call for the records from the learned Court below.

Interim prayer of the petitioner will be considered after receiving the records from the learned Court bellow.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant