Case No. : Crl.Pet./403/2022 vs The State Of Assam And Anr
2022 Latest Caselaw 1510 Gua

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GAHC010085322022




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

                                 Case No. : Crl.Pet./403/2022
             ARIF HUSSAIN
             S/O BADSHA MIA
             R/O VILL- DIGJANI
             P.O. SHOWPUR, P.S. KALGACHIA
             DIST. BARPETA, ASSAM
             PIN- 781319


             VERSUS

             THE STATE OF ASSAM AND ANR.
             THROUGH THE PP, ASSAM, GUWAHATI-01.

             2:ANJUWARA KHATUN
              D/O BAHAR ALI
             R/O VILL- DIGJANI
             P.O. SHOWPUR
              P.S. KALGACHIA
             DIST. BARPETA
             ASSAM
             PIN- 78131

Advocate for the Petitioner   : MR M H AHMED

Advocate for the Respondent : PP, ASSAM


                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

09.05.2022 Heard Shri MH Ahmed, learned counsel for the petitioner, who has filed this Page No.# 2/3

petition under Section 482 of the Cr.PC questioning the legality of an order dated 26.04.2022 passed by the learned Principal Judge, Family Court, Barpeta in FC (Crl.) No.269/2018.

2. By the said order, the learned court below has directed the petitioner to undergo imprisonment for a period of 1 month due non-payment of arrear maintenance allowance. It is further stipulated by the said order that the petitioner be released before completion of imprisonment period if the arrear amount is paid by him earlier.

3. It appears that the original judgment dated 18.12.2020 passed by the learned Court below in Case No. FC (Crl.)269/2018 whereby the maintenance at the rate of Rs. 2,500/- per month for the wife and her minor son was granted is not the subject matter of challenge in this petition.

4. Under those circumstances, it is difficult for this Court to interfere with the order put to challenge i.e., 26.04.2022.

5. At this stage, Shri Ahmed, learned counsel submits that the petitioner is ready and willing to pay a part of the arrear as he is only a daily wage labour. He also undertakes to pay the monthly maintenance amount regularly.

6. Shri BB Gogoi, learned Addl. PP, Assam submits that the arrear amount would be about Rs. 42,000/- which the petitioner has failed to pay.

7. After hearing both the parties, this Court is of the opinion that instead of issuing Notice, the entire matter can be disposed of by issuing the following directions:

i) The petitioner is directed to deposit an amount of Rs. 25,000/- (Twenty Page No.# 3/3

five thousand) only as part of the arrears payable to the respondent no. 1-wife before the Court of the Principal Judge, Family Court within a period of a month from today,

ii) The petitioner would also pay the monthly maintenance amount of Rs. 2,500/- (Two thousand and five hundred) only regularly,

iii) The balance of the arrears is to be cleared in equal monthly installments within a period of 6 months from today.

8. Subject to the fulfillment of the aforesaid conditions, the aforesaid impugned order dated 26.04.2022 stands interfered with. Consequently, the petitioner is directed to be released on bail on furnishing a bail bond of Rs. 10,000/- with one surety of the like amount subject to the satisfaction of the learned Principal Judge, Family Court, Barpeta.

9. It is made clear that the order of bail will be effective for a period of 45 days within which the arrear payment, as directed above, is to be deposited and on such deposit, the bail order would stand absolute.

JUDGE

Comparing Assistant