Citation : 2022 Latest Caselaw 2346 Gua
Judgement Date : 18 July, 2022
Page No.# 1/2
GAHC010135882022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./355/2022
SAIFUL ISLAM
S/O KADER MONDAL, R/O KHUDNABARI, P.O.-SUKRUNGBARI, P.S.-
SORBHOG, DIST-BARPETA (ASSAM), PIN-781317
VERSUS
ANJUWARA KHATUN AND ANR.
D/O AHAMMAD MONDAL, R/O KHUDNABARI, P.O.-SUKRUNGBARI, P.S.-
SORBHOG, DIST-BARPETA (ASSAM), PIN-781317
2:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR
ASSA
Advocate for the Petitioner : MR. M R ISLAM
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 18.07.2022
Legality, propriety and correctness of the judgment and order dated 11.04.2022, passed by the learned Principal Judge, Family Court, Barpeta in Case No.F.C.(Crl.) 213/2020 is challenged in this revision petition, under Section 397/401 Cr.P.C. It is to be noted here that by the impugned judgment and order dated 11.04.2022, the learned Principal Judge, Family Page No.# 2/2
Court has directed the petitioner to pay maintenance allowance @ Rs.6000/- per month to the respondent No.1 and @ Rs.3000/- per month to the minor daughter of the respondent No.1 from the date of filing the petition.
Heard Mr. J. Islam, learned counsel for the petitioner. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State.
Having heard the submission of the learned counsel of both sides, I have carefully gone through the petition and the documents placed on record.
Admit.
Issue notice to the respondents, returnable in 4 (four) weeks. Since Ms. N. Das, learned Additional Public Prosecutor has entered appearance and accepted notice on behalf of State respondent No.2, no formal notice is required to be issued. However, extra requisite copy of the petition be furnished to Ms. N. Das, learned Additional Public Prosecutor, during the course of the day.
Learned counsel for the petitioner shall take steps for service of notice upon the respondent No.1 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.
Considering the submission advanced by the learned counsel of both sides and also considering the facts and circumstances of the case, it is provided that till disposal of the petition, the petitioner shall continue to make payment of 50% of the awarded amount, vide judgment and order dated 11.04.2022.
List after four weeks.
JUDGE
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