Nur Shahadat Sk vs The State Of Assam And Anr
2022 Latest Caselaw 1995 Gua

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GAHC010101682022




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

                                Case No. : Crl.Rev.P./266/2022

            NUR SHAHADAT SK
            S/OLT. NUR IMAM SK.
            R/O WARD NO. 10, AFTABUDDIN LANE, P.O. AND P.S. DHUBRI
            DIST. DHUBRI, ASSAM



            VERSUS

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

            2:LUTFA KHATUN
             W/O NUR SHAHADAT SK.
            D/OLT. UJOR ALI SK.
            R/O WARD NO. 10
             DR. ZAKIR HUSSAIN ROAD (KHALGUDUM)
            P.O. AND P.S. DHUBRI
            DIST. DHUBRI
            ASSAM

            PIN NO. 78330

Advocate for the Petitioner   : MR. A T SARKAR

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

                                     ORDER

Date : 06.06.2022

Order dated 03.03.2022, passed by the learned Principal Judge, Family Court, Dhubri, in F.C.(Crl.) Case No. 47/2019, is impugned in this revision petition under Sections 397/401 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 of Rs. 4,500/- (Rupees four thousand five hundred) only to respondent No. 2, payable on the first week of every succeeding month from the date of the order.

Heard A. T. Sarkar, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State respondent.

Admit.

Issue notice to the respondents, 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.

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.

List the matter after 4 (four) weeks.

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JUDGE

Comparing Assistant