Sanowar Hussain vs Mamoni Aktar
2022 Latest Caselaw 1819 Gua

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GAHC010095062022




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

                                Case No. : Crl.Rev.P./241/2022

             SANOWAR HUSSAIN
             S/O LATE SADAGAR ALI, VILL-BALIKURI N.C., P.O.-BALIKURI, MOUZA-
             JANIA, P.S.-KALGACHIA, DIST-BARPETA, ASSAM



             VERSUS

             MAMONI AKTAR
             D/O JAYNAL ABDIN, VILL-DABANDIA, P.O.-GUNIALGURI, MOUZA-
             TITAPANI, P.S.-KALGACHIA, DIST-BARPETA, ASSAM, PIN-781302



Advocate for the Petitioner   : MR. P RAHMAN

Advocate for the Respondent :




                           BEFORE
              HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

26.05.2022

Judgment and order dated 24.03.2022, passed by the learned Principal Judge, Family Court, Barpeta, in F.C.(Crl.) Case No. 122/2021, is impugned in this revision petition under Sections 397/401 of the Code of Criminal Procedure.

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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 and @ Rs. 3,000/- (Rupees three thousand) only per month to the minor daughter from the date of passing the impugned judgment, i.e. 24.03.2022.

Heard Mr. P. Rahman, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent.

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

Steps for causing service of notice upon respondent be taken by registered post with A/D as well as by usual process within a week from today.

Also, call for the scanned copy of the record from the learned Court below.

Though Mr. P. Rahman, learned counsel for the petitioner, prays for staying the operation of impugned judgment and order, yet, considering the facts and circumstances on record, this Court is not inclined to stay the same. The petitioner has to pay the amount, as directed by the learned Court below, until further order.

List after 4 (four) weeks.

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JUDGE

Comparing Assistant