Prashanjit Ghosh vs Dipanjali Naha Ghosh
2023 Latest Caselaw 2879 Gua

                                                                          Page No.# 1/3

GAHC010016632020




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

                                Case No. : Crl.Rev.P./540/2022

             PRASHANJIT GHOSH
             S/O. LATE BHABANI GHOSH, VILL. SAIBARI BAGAN, P.S. CHAPOR, DIST.
             DHUBRI, ASSAM, PIN- 783371



             VERSUS

             DIPANJALI NAHA GHOSH
             W/O. PRASHANJIT GHOSH, VILL. THE KASU PART2, P.O. AND P.S.
             DUDHNOI, DIST. GOALPARA, PIN- 783124



Advocate for the Petitioner   : MR. M U MAHMUD

Advocate for the Respondent : MR. M K BORO

BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order

04.08.2023

Heard Mr. M. U. Mahmud, learned counsel for the petitioner.

The present matter relates to a challenge to a judgment and order dated Page No.# 2/3

27.01.2017 passed in MCR No. 122/15, by the learned Judicial Magistrate 1 st Class, Goalpara.

By the aforesaid judgment, the present petitioner husband was directed to pay a sum of Rs. 4,000/- per month to the respondent wife.

Without entering into the merit, Mr. Mahmud, learned counsel for the petitioner submits that the petitioner is still willing to live with the respondent wife, however, due to his precarious financial condition, he has not been able to pay the amount awarded and police is searching him and therefore, he has not been able to initiate the process to bring back his respondent/wife and live together.

Mr. Mahmud, learned counsel further submits that a chance may be given to have a reconciliation.

Responding to such submission, the learned counsel for the respondent wife submits that the wife is somehow managing her everyday meal without any income and the petitioner has not paid a single penny from the date of judgment. She also tried to have reconciliation but her husband is not willing to do so.

Be that as it may, this Court considers that a chance may be given to both the parties to give a try for reconciliation, however, subject to deposit of Rs. 25,000/- by the petitioner before the Registry of this Court within a period of 40 days from today. If such amount is deposited, same be allowed to be withdrawn to the respondent wife after proper verification.

Till such 40 days, it is provided that any warrant issued against the Page No.# 3/3

petitioner for nonpayment of the awarded of maintenance amount, the petitioner shall not be taken into the custody.

List this matter on 25.09.2023.

JUDGE

Comparing Assistant