Monirupa Chakraborty vs Ujjal Bhattacharjee And Anr
2023 Latest Caselaw 3383 Gua

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GAHC010188622023




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

                                Case No. : Crl.Rev.P./348/2023

            MONIRUPA CHAKRABORTY
            W/O SRI UJJAL BHATTACHARJEE
            R/O SWAMIJI ROAD, ITKHOLA
            SILCHAR-1, P.O. AND P.S. SILCHAR
            DIST. CACHAR, ASSAM

            VERSUS

            UJJAL BHATTACHARJEE AND ANR
            S/O LATE USHA RANJAN BHATTACHARJEE
            PERMANENT ADDRESS- PANDAV NAGAR,
            (NEAR BORIPARA OVER BRIDGE) GUWAHATI-12, KAMRUP (M), ASSAM,
            PRESENT ADDRESS/OFFICE- THE PRINCIPAL, AGENT TRAINING CENTRE,
            LIC OF INDIA RANGIA BRANCH, LIC, DIST. KAMRUP (R), ASSAM
            PIN CODE- 781354

            2:THE STATE OF ASSAM
             REP. BY THE PP
            ASSA

Advocate for the Petitioner   : MR. N DHAR

Advocate for the Respondent : PP, ASSAM

                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

28.08.2023

Heard Mr. B.K. Sen, learned counsel for the petitioner and also heard Ms. S.H. Bora, Page No.# 2/2

learned Additional Public Prosecutor, Assam, appearing for the State respondent No.2.

In this petition, under Section 397(1)/401 of the Code of Criminal Procedure read

with Article 227 of the Constitution of India, the petitioner, namely, Monirupa Chakraborty

has put to challenge the correctness or otherwise of the order dated 30.06.2023, passed

by the learned Principal Judge, Family Court, Cachar at Silchar, in F.C.(Crl.) Case

No.2/2016 under Section 125 Cr.P.C. It is to be noted here that vide impugned judgment

and order, the learned Court below has directed the respondent No.1 to pay a sum of `

7,500/- being the monthly maintenance to the son of the petitioner while rejecting the

prayer of the petitioner.

Perused the petition and the documents placed on record.

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

Steps be taken upon the respondent No.1 by registered post and also by usual

process within a week from today.

No formal notice is required to be issued to respondent No.2 since Ms. S.H. Bora,

learned Additional P.P. entered appearance and received notice. However, extra requisite

copy of the petition be furnished to Ms. Bora during the course of the day.

Call for the record from the learned Court below.

List the matter after 4(four) weeks.

Sd/- Robin Phukan JUDGE

Comparing Assistant