Sanowar Hossain vs Sabina Yesmin And Anr
2023 Latest Caselaw 4299 Gua

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GAHC010233222023




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

                                Case No. : Crl.Rev.P./452/2023

            SANOWAR HOSSAIN
            S/O LATE MOKTAB ALI SK
            R/OVILL- SINGIMARI PART-II
            P.O. TISTARPAR
            P.S. AND DIST. DHUBRI, ASSAM
            PIN-781301



            VERSUS

            SABINA YESMIN AND ANR
            D/O SAIDUL ISLAM AHMED
            R/O VILL- MADHUSOUL MARI PART-II
            P.S. GAURIPUR
            DIST. DHUBRI, ASSAM
            PIN-783331

            2:SAIFUL ISLAM
             S/O JULHESH MOLLAH
            R/O VILL- BOGULAMARI
            P.O. A.M. CO.ROAD

            P.S. AND DIST. DHUBRI
            ASSAM
            PIN-78330

Advocate for the Petitioner   : MR. A R SIKDAR

Advocate for the Respondent :
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                                     BEFORE
                    HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                       ORDER

Date : 13.10.2023

Heard Mr. A.R. Sikdar, learned counsel for the petitioner.

This present application is filed assailing the judgment and order dated 11.07.2023 passed in F.C.(Crl) 02/2023 whereby the petition filed by the present petitioner under section 127 Cr.P.C for cancellation of the maintenance order granted vide order dated 11.01.2021 passed in FC Misc Case No.459/2018 was rejected.

The basic ground for filing such application was that in the meantime the wife in favour of whom the maintenance was granted, had already got married to another person and therefore there was a change in circumstances.

The learned court rejected such application on the ground that the petitioner has failed to establish by cogent evidence that his earlier wife had got married to another person. However, referring to Annexure - 6 of the petition, the learned counsel for the petitioner submits that the petitioner filed an application for summoning of witnesses, which was also rejected by the Trial court on 15.05.2023. Accordingly he submits that that he was not given proper chance to prove his case.

Perused the materials available on record and also considered the order dated 15.05.2023 (Annexure-7).

After perusal of the same, this court is of the view that the petitioner has been able to make out a prima facie case.

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Issue notice upon the respondents, returnable by 30.11.2023. Steps by Registered Post with A.D as well as through usual process within 7 (seven) days.

Till then, the payment of maintenance to the opposite party No.1 in terms of the order dated 11.01.2021 passed in Misc Case No.459/2018 passed by Principal Judge, Family Court, Dhubri shall remain suspended.

JUDGE

Comparing Assistant