Jeherul Islam vs Sabina Yesmine
2022 Latest Caselaw 2345 Gua

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GAHC010134462022




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

                                Case No. : Crl.Rev.P./348/2022

             JEHERUL ISLAM
             S/O ABDUL KADER, R/O VILL-GANDHARIPARA, MOUZA-HOWLY, P.S.-
             BARPETA ROAD, DIST-BARPETA, ASSAM



             VERSUS

             SABINA YESMINE
             D/O ABDUL HALIM, R/O VILL-SATBHANIR TUP, MOUZA-HOWLY, P.S.-
             BARPETA ROAD, DIST-BARPETA, ASSAM, PIN-781301



Advocate for the Petitioner   : DR. B AHMED

Advocate for the Respondent :




                           BEFORE
              HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

18.07.2022

Judgment and order dated 03.02.2022, passed by the learned Principal Judge, Family Court, Barpeta, in F.C.(Crl.) Case No. 617/2019, is impugned in this revision petition under Sections 397 read with Sections 401 and 482 of the Page No.# 2/3

Code of Criminal Procedure. It is to be noted here that vide impugned judgment and order, the learned Court below has directed the petitioner to pay maintenance allowance of Rs. 3,000/- (Rupees three thousand) only per month to the respondent.

Heard Mr. N. Haque, learned counsel for the petitioner.

Admit.

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

Learned counsel for the petitioner shall take steps for causing service of notice upon respondent by registered post with A/D as well as by usual process within a week from today.

Call for the scanned copy of the records from the learned Court below.

The learned counsel for the petitioner submits that the learned Chief Judicial Magistrate, Barpeta, in C.R. Case No. 483/2017, under Section 12 of the Domestic Violence Act, had already granted interim maintenance allowance @ Rs. 3,000/- per month to the respondent and her minor daughter. Therefore, the learned counsel for the petitioner has contended to stay operation of the judgment and order dated 03.02.2022, passed by the learned Principal Judge, Page No.# 3/3

Family Court, Barpeta, in F.C.(Crl.) Case No. 617/2019.

Considering the submission of learned Advocate for the petitioner, operation of the impugned judgment and order, dated 03.02.2022, passed by the learned Principal Judge, Family Court, Barpeta, in F.C.(Crl.) Case No. 617/2019, stands stayed till returnable date

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant