Gauhati High Court
Joshim Uddin Sk vs Sobura Khatun on 29 August, 2023
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GAHC010059552021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./121/2021
JOSHIM UDDIN SK
S/O SHIRAJ ALI, R/O VILL- BORAIBARI PART 2, P.O.-BORAIBARI, P.S.-
GAURIPUR, DIST- DHUBRI, ASSAM, PIN-783339
VERSUS
SOBURA KHATUN
D/O LATE NOWSHAD ALI SK, W/O JOSHIM UDDIN SK, R/O VILL- GHAGER
ALGA PART 2, P.O.-GERAMARI, P.S.-GAURIPUR, DIST- DHUBRI, ASSAM,
PIN-783331
Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent : MR. M A SHEIKH
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 29-08-2023
Heard Mr. S. C. Biswas, learned counsel for the petitioner and also heard Mr. M.
A. Sheikh, learned counsel for respondent.
This revision petition is directed against the Judgment and Order dated
9.2.2021, passed by the learned Principal Judge, Family Court, Dhubri in F.C(Crl)
Case No. 179/2019.
It is to be noted herein that vide aforesaid judgment and order, the learned
Principal Judge, Family Court, Dhubri has directed the petitioner to pay a sum of
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Rs.9,000/- per month as maintenance to the respondent.
Mr. Biswas learned counsel for the petitioner submits that respondent has filed
one petition before the learned Principal Judge, Family Court, u/s 125 Cr.P.C. for
grant of maintenance to her and her daughter from the petitioner. In the said
petition, the petitioner has submitted written statement in the aforesaid
proceeding and thereafter both the parties have amicably settled the matter and
filed a joint petition before the learned Court below, being Petition No. 24/2021
on 9.2.2021, agreeing to pay maintenance to the respondent @ Rs. 5000/- per
month and further Rs. 4,000/- in favour of her minor daughter. Upon the said
petition the learned Court below had disposed of the F.C.(Crl)Case No.179/2019
by directing the present petitioner to pay maintenance to the respondent @ Rs.
5000/- and further a sum of Rs. 4,000/- to her minor daughter.
Mr. Biswas, learned counsel for the petitioner submits that the petitioner is
aggrieved by the order dated 9.2.2021, as without going through the
compromise petition, he put his signature there believing that the amount of
maintenance is mentioned there in as Rs. 6,000/- per month and that the
petitioner is not in a position to aforesaid amount as he has some other
liabilities and therefore, Mr. Biswas contended to modify the aforesaid order.
On the other hand, Mr. M. A. Shiekh learned counsel for the respondent has
vehemently opposed the petition and questioned the maintainability of this
petition, as the order was passed on Compromise Petition No.24/2021. Further
Mr. Sheikh submits that the petitioner was directed to produce up to date pay
slip before this court. But, the petitioner has produced pay slip of January, 2022
only and since then the salary of petitioner is increased in manifold and there is
no merit in the petition and therefore, Mr. Sheikh contended to dismiss the
petition.
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Having heard the submission of learned Advocate for both sides, I have carefully
gone through the petition and the document placed on record, specially, the
order dated 9.2.2021.
At this stage, Mr. Biswas submitted that he may be permitted to withdraw this
petition and that whatever order is passed by the learned Court below, the
petitioner will abide by the same.
After hearing the learned Advocate for both sides, I find sufficient ground to
allow Mr. Biswas, learned counsel for the petitioner to withdraw this petition.
Accordingly this petition stands dismissed on withdrawal .
Interim order dated 24.8.2021 stands vacated.
Mr. Biswas, learned counsel for the petitioner submits that he will clear the
arrear amount of maintenance within a period of 6(six) months from today. It is
expected that the arrear will be cleared within six months from today.
JUDGE
Comparing Assistant
