Xxxxxxxx vs Xxxxxxxx
2023 Latest Caselaw 4569 Gua

                                                                      Page No.# 1/3

GAHC010133052021




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

                                  Case No. : Mat.App./17/2021

            XXXXXXXX
            S/O- LATE BISHNUPADA DAS, R/O- SHANTIPARA, RONGPUR, P.O. AND P.S.
            SILCHAR, DIST. CACHAR, ASSAM



            VERSUS

            XXXXXXXX
            W/O- SRI BIKRAMJIT DAS, D/O- LATE NIDHU RANJAN DAS OF
            SHANTIPARA, RONGPUR, P.O. AND P.S. SILCHAR, DIST.- CACHAR, ASSAM
            AND AT PRESENT RESIDING AT C/O- SMTI. UMA DAS, W/O- LATE
            SAMIRAN DAS AT SUBASH NAGAR, SILCHAR-4, P.S. SILCHAR, DIST.
            CACHAR, ASSAM



Advocate for the Petitioner   : MR R DHAR

Advocate for the Respondent : MS. S B CHOUDHURY




             Linked Case : I.A.(Civil)/2365/2023

            XXXXXXX
            XXXXXXX


             VERSUS

            XXXXXXX
                                                                       Page No.# 2/3

          XXXXXXX


          ------------
          Advocate for : MR. S K DAS
          Advocate for : MR. D P BORAH appearing for XXXXXXX



                                BEFORE
                HONOURABLE MR. JUSTICE KALYAN RAI SURANA
                 HONOURABLE MRS. JUSTICE MALASRI NANDI

                                     ORDER

Date : 09.11.2023 (Kalyan Rai Surana, J)

Heard Ms. S.B. Choudhury, learned counsel for the applicant as well as Mr. D.P. Borah, learned counsel for the opposite party.

2. By filing this interlocutory application, the applicant who is the estranged wife of the opposite party seeking enhancement of maintenance amount from Rs.7,000/- per month.

3. Although it is not evident from the order dated 15.06.2016 passed by the Court of learned Principal Judge, Family Court, Cachar, Silchar as to the nature of proceedings, but on a query of Court, the learned counsel for both the parties have submitted that the said order granting maintenance was passed in a proceeding initiated under Section 125 Cr.P.C.

4. Having heard the learned counsel for both sides, this Court is of the considered opinion that in connection with proceedings initiated under Section 125 Cr.P.C., recourse to Section 127 Cr.P.C. can be taken up for enhancement of the maintenance.

5. It is also noted that in the judgment and decree dated 15.06.2021 passed Page No.# 3/3

by the learned Principal Judge, Family Court, Cachar, Silchar in F.C.(civil) Case No. 108/2016, the suit for divorce filed by the appellant was dismissed and there is no reference to any order of maintenance.

6. Accordingly, this Court is of the considered opinion that it would be appropriate to relegate the applicant to move the learned trial Court under Section 127 Cr.P.C. with a prayer for enhancement, if so advised.

7. Accordingly, this interlocutory application stands closed without adjudication by granting liberty to the applicant to move the Court of learned Principal Judge, Family Court, Cachar, Silchar with an appropriate application for enhancement of maintenance, if so advised.

                                     JUDGE                           JUDGE




Comparing Assistant