Siben Kumar Das vs Khana Das
2022 Latest Caselaw 514 Gua

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GAHC010023312022




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

                                 Case No. : Crl.Rev.P./48/2022

            SIBEN KUMAR DAS
            S/O LATE BIREN DAS
            R/O KUMAR HATI
            WARD NO. 9, P.S. BARPETA,
            DIST. BARPETA, ASSAM



            VERSUS

            KHANA DAS
            W/O SRI SIBEN KUMAR DAS
            D/O LATE BHAGABAN CH. DAS
            R/O BRINDABAN HATI
            WARD NO. 9, P.S. BARPETA,
            DIST. BARPETA, ASSAM



Advocate for the Petitioner   : MR. N K KALITA

Advocate for the Respondent :
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                                      BEFORE

                     HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                      ORDER

14.02.2022

This application under Section 397/401 of the Cr.P.C. is preferred by Shri. Siben Kumar Das for quashing and setting aside the impugned judgment and order dated 12.01.2022, passed by the learned Principal Judge, Family Court, Barpeta in Case No. FC (Crl.) No. 118/2021.

2. It is to be noted here that vide impugned order the learned Court below has directed the petitioner to pay maintenance @ 15,000/- per month to the respondent from the date of filing the petition along with litigation cost of Rs. 30,000/- to the respondent.

3. Heard Mr. N.K. Kalita, learned counsel for the petitioner and also perused the petition and the documents placed on record and the impugned judgment and order dated 12.01.2022, passed by the learned Principal Judge, Family Court, Barpeta in Case No. FC (Crl.) No. 118/2021.

4. Let notice be issued to the respondent returnable in 4(four) weeks.

5. Steps be taken by registered post with A/D as well as through usual process.

6. Also called for the scanned copy of the record from the learned Court below.

7. Further considering the submission of learned counsel for the Page No.# 3/3

petitioner and also considering the facts and circumstances of the record, it is provided that the petitioner shall continue to pay a sum of Rs. 10,000/- to the respondent till disposal of this petition.

8. List after 4(four) weeks.

JUDGE

Comparing Assistant