Shohidul Islam vs Mehera Khatun
2022 Latest Caselaw 3176 Gua

                                                                       Page No.# 1/3

GAHC010018522021




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

                                 Case No. : Crl.Rev.P./239/2021

            SHOHIDUL ISLAM
            S/O. BILLAL HUSSAIN, VILL. NO.3 SOUTH RANGAPANI, P.O. BADLA
            BAZAR, P.S. BOKO, DIST. KAMRUP(R), ASSAM, PIN- 781127



            VERSUS

            MEHERA KHATUN
            D/O. AFSAR ALI, VILL. NO.2 SOUTH RANGAPANI, P.O. BADLA BAZAR, P.S.
            BOKO, DIST. KAMRUP(R), ASSAM, PIN- 781127



Advocate for the Petitioner   : MR. M U MAHMUD

Advocate for the Respondent : MR. M A SHEIKH




             Linked Case : I.A.(Crl.)/318/2022

            MEHERA KHATUN
            D/O. AFSAR ALI
            VILL. NO.2 SOUTH RANGAPANI
            P.O. BADLA BAZAR
            P.S. BOKO
            DIST. KAMRUP(R)
            ASSAM
            PIN- 781127
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              VERSUS

              SHOHIDUL ISLAM
              S/O BILLAL HUSSAIN
              R/O VILLAGE NO. 3 SOUTH RANGAPANI
              P.O. BADLA BAZAR
              P.S. BOKO
              DISTRICT KAMRUP
              ASSAM
              PIN-781127.


              ------------
              Advocate for : MR. M HOSSAIN
              Advocate for : MR. M U MAHMUD appearing for SHOHIDUL ISLAM



                                   BEFORE
                  HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                         ORDER

Date : 24.08.2022

Mr. M. U. Mahmud, learned counsel for the petitioner. Also heard Mr. M. Hossain, learned counsel for the respondent.

This criminal revision petition is filed against the judgment passed by the Principal Judge, Family Court No. 2, Guwahati in FC Criminal Case No. 677/2018.

By the aforesaid Order, the learned Family Court directed the petitioner to make payment of Rs. 3,000/- per month to his wife as maintenance allowance from the date of the Order i.e., from 08.11.2019.

The said order has been challenged in the present case. One of the ground is that the said order was passed ex-parte without hearing the husband/the present petitioner.

While issuing notice and calling for the Case LCR, this Court has not passed any Interim Order staying the impugned order. However, it is submitted by the counsel of the respondent wife that in spite of an existing judicial order and the same not being stayed by a Higher Court, i.e., this Court, the petitioner is not paying the money and Page No.# 3/3

disobeying the order of the learned Court below. Though Mr. M. U. Mahmud has questioned the validity of the marriage itself, however, at this stage, this Court is not inclined to enter into the merit of the case and only considering the conduct of the petitioner in not paying the maintenance amount already awarded by the competent Court and not stayed by this Court. Confronted with such argument, Mr. M. U. Mahmud learned counsel for the petitioner submits that he will have instruction in this regard and accordingly he prays for an adjournment.

Though in the aforesaid backdrop, this Court is reluctant to adjourn the matter. However, on the request of Mr. M. U. Mahmud, learned counsel this matter is adjourned till two weeks.

By the said date, Mr. M. U. Mahmud will have instructions, how his client is proposed to pay the maintenance as well as its arrear. List accordingly.

JUDGE

Comparing Assistant