Sanowar Hussain vs Kamala Khatun
2022 Latest Caselaw 4196 Gua

                                                                      Page No.# 1/2

GAHC010207642022




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

                                Case No. : Crl.Pet./1041/2022

            SANOWAR HUSSAIN
            S/O LATE HALIM MIYA
            R/O VILL- KHANDAKARPARA
            P.S. HOWLY, DIST. BARPETA, ASSAM



            VERSUS

            KAMALA KHATUN
            D/O LATE HAIDAR ALI
            R/O HAJIPARA
            P.S. HOWLY, DIST. BARPETA, ASSAM



Advocate for the Petitioner   : MR N AHMED

Advocate for the Respondent :




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

01.11.2022

Heard Mr. N.J. Dutta, learned counsel appearing for the petitioner.

By this petition under Section 482 Cr.P.C. read with Section 401 Cr.P.C. the petitioner has prayed for setting aside/quashing of the impugned judgment and Page No.# 2/2

order, dated 16.03.2018, passed in Case No. F.C. (Crl.) 229/2015, by the Principal Judge, Family Court, Barpeta directing the petitioner to pay maintenance allowance @Rs.2,500/- only per month to the respondent and her minor daughter.

Mr. N.J. Dutta, learned counsel appearing for the petitioner, submits that by the impugned judgment and order, dated 16.03.2018, the petitioner has been directed to pay maintenance allowance @Rs.1,500/- per month to the respondent wife and Rs.1,000/- per month to the minor daughter, in total amounting to Rs.2,500/- per month. Mr. Dutta further submits that after passing the aforesaid judgment and order, the respondent has married one Lokman Ali, who is a neighbour of the petitioner and the minor daughter is presently in the custody of the petitioner vide the Gaonburah certificate, dated 30.08.2022, certified copy of the Voter Lists of 2020 and 2022. Mr. Dutta, however, submits that the aforesaid documents in support of the change in circumstances of the petitioner have not been produced before the Court of learned Principal Judge, Family Court, Barpeta.

Having considered the averments made in the instant petition and hearing of the learned counsel of both sides, it is directed that the aforesaid new ground of change in circumstances supported by documents be agitated before the learned trial Court with a petition under appropriate provision of law.

With the above direction, the petition stands disposed of.

JUDGE

Comparing Assistant