Md. Dilbor Ali vs Fozila Khatun
2022 Latest Caselaw 38 Gua

                                                                               Page No.# 1/2

GAHC010217622021




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

                                Case No. : Crl.Rev.P./304/2021

              MD. DILBOR ALI
              S/O JAMAL UDDIN
              R/O VILL- K. BOWALIMARI, PART-II, P.O. KHELUAPARA
              P.S. JOGIGHOPA, DIST. BONGAIGAON, ASSAM

              VERSUS

              FOZILA KHATUN
              S/O FAZAL ALI
              VILL- AND P.O. JALABILA, P.S. BAGRIBARI, DIST. KOKRAJHAR, BTR,
              ASSAM


Advocate for the Petitioner   : MR. M U MAHMUD

Advocate for the Respondent :




                                     BEFORE
                    HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN


                                          ORDER

04.01.2022.

By way of this petition under Section 397/399/401 read with Section 482 of the CrPC, the petitioner challenges the order dated 29.02.2020, passed by the learned Judicial Magistrate

1st Class, Kokrajhar, in Misc. Case No...96 M/2018, directing the petitioner to pay Rs.8,000/- per month to the respondent wife and her children, as maintenance.

Page No.# 2/2

Heard the submission of learned counsel for the petitioner and perused the record and the impugned judgment.

The petitioner contends that he is a labour by profession and is unable to pay such a huge amount as maintenance.

The revision is admitted for hearing.

Issue notice to the respondent No.1, by Regd. Post with A/D and usual process, returnable by four weeks.

Call for the scan copy/PDF (legible) of the LCR.

Having regard to the materials on record and the plea taken by the petitioner, as regards his income etc. and the impugned judgment, the petitioner is directed to pay Rs.5,000/- (Rupees five thousands) only, as maintenance to his wife regularly, until further order. As regards the payment of arrear maintenance, the petitioner is at the liberty to file a petition before the trial Court, to pay the arrear maintenance in installment.

JUDGE

Comparing Assistant