Kushal Chandra Das vs Smti. Mamon Chutia Das
2022 Latest Caselaw 3918 Gua

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GAHC010200712022




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

                                Case No. : Crl.Rev.P./491/2022

              KUSHAL CHANDRA DAS
              S/O- RAMESH CHANDRA DAS, R/O- VILL.- BONGORA (KOCHPARA), P.O.
              BONGORA, P.S. PALASHBARI, DIST. KAMRUP, ASSAM, PIN- 781015.



              VERSUS

              SMTI. MAMON CHUTIA DAS
              D/O- SRI KULA CHUTIA, W/O- SRI KUSHAL CHANDRA DAS, R/O- WARD
              NO. 6, NEAR GYANODOY HIGH SCHOOL, VILL.- RATANPUR, P.S., P.O. AND
              DIST. DHEMAJI, ASSAM, PIN- 787057.



Advocate for the Petitioner   : MR. A GANGULY

Advocate for the Respondent :




                                      BEFORE
                         HON'BLE MR. JUSTICE ROBIN PHUKAN


                                          ORDER

29.09.2022.

In this petition under Section 401 read with Section 397 of the Code of Criminal Procedure, 1973, petitioner Kushal Chandra Das challenges the legality, Page No.# 2/2

propriety and correctness of the judgment dated 26.08.2022, passed by the learned Judicial Magistrate, First Class, Dhemaji, in Misc. Case No.46/2019, whereby the learned Court allowed the petition filed by the respondent under Section 125 of the CrPC, by directing the petitioner to pay an amount of Rs.5,000/- per month to the respondent and to pay Rs.8,000/- per month to the minor daughter, totaling Rs.13,000/- per month, as maintenance and further directed the petitioner to pay a cost of Rs.5,000/- to the respondent under Section 126(3) of the CrPC.

Heard Mr. A. Ganguly, learned counsel for the petitioner.

Mr. A. Ganguly, learned counsel for the petitioner submits that the petitioner is ready to pay the regular maintenance of Rs.13,000/- per month. However he prayed for staying the payment of arrear amount, from the date of filing the petition and also the amount of Rs.5,000/-, directed to pay under Section 126(3) of the CrPC. But the petitioner is ready to pay the arrear maintenance in installments, which will be determined by perusing the record of the LCR.

Admit.

Issue notice returnable in 4 (four) weeks.

Steps be taken upon the sole respondent, by registered post with A/D as well as by usual process within a week from today.

Call for the scan copy of the LCR from the concerned Court below.

List the matter after four weeks.

JUDGE

Comparing Assistant