Baharul Islam vs The State Of Assam And Anr
2022 Latest Caselaw 1993 Gua

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GAHC010106392022




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

                                Case No. : Crl.Rev.P./269/2022

            BAHARUL ISLAM
            S/O ABDUL LATIF, VILL. BHULUKABARI PATHAR, P.O. JHARABARI, P.S.
            AND DIST. BARPETA, ASSAM, PIN- 781314.



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY PP, ASSAM.

            2:JAHIDA KHATUN
             D/O ISMAIL KHAN
            VILL. BHULUKABARI PATHAR
             P.O- JHARABARI
             P.S. AND DIST.- BARPETA
            ASSAM
             PIN- 781314

Advocate for the Petitioner   : MR J ISLAM

Advocate for the Respondent : PP, ASSAM
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                                 BEFORE
                    HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                      ORDER

Date : 06.06.2022

Judgment and order dated 03.03.2022, passed by the learned Principal Judge, Family Court, Barpeta, in F.C.(Crl.) Case No. 239/2019, under Section 125 of the Code of Criminal Procedure, is impugned in this revision petition under Sections 397/401 read with Section 482 of the 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 @ Rs. 5,000/- (Rupees five thousand) only per month to the respondent No. 2 and @ Rs. 5,000/- (Rupees five thousand) only per month to the minor daughter from the date of filing the petition.

Heard Mr. J. Islam, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State respondent.

Let notice be issued, returnable in 4 (four) weeks.

Since Mr. K. K. Parasar, learned Additional Public Prosecutor, has entered appearance and accepted notice on behalf of State respondent No. 1, no formal notice is required to be issued. However, he shall be provided with requisite extra-copy of the petition during the course of the day.

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Learned counsel for the petitioner shall take steps for causing service of notice upon respondent No. 2 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.

Considering the submissions of learned counsel for the petitioner and also considering the facts and circumstances on the record, it is provided that the petitioner shall continue to make payment of 50% of the awarded amount to the respondent disposal of this petition.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant