Prasanta Dey vs Nitu Dey @ Nitu Sarkar
2023 Latest Caselaw 4437 Gua

                                                                     Page No.# 1/2

GAHC010240032023




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

                                Case No. : Crl.Pet./1150/2023

            PRASANTA DEY
            S/O LATE PRENDRA DEY
            PERMANENT ADDRESS- R/O VILL- SEGUNBARI
            NEAR ST. JAMES SCHOOL,
            P.O. MARGHERITA, P.S. MARGHERITA,
            DIST. TINSUKIA, ASSAM, PIN-786181
            PRESENT ADDRESS-
            R/O CHANGLANG TOWN,
            OPP. SBI CHANGLANG,P.O. CHANGLANG, DIST. CHANGLANG,
            ARUNACHAL PRADESH, PIN-792120



            VERSUS

            NITU DEY @ NITU SARKAR
            W/O SRI PRASANTA DEY
            D/O SRI ARBINDO SARKAR
            R/O VILL- LEDO KALPARA (LEDO BAZAR, BASTI), P.O. LEDO,
            P.S.MARGHERITA,
            DIST. TINSUKIA, ASSAM
            PIN-786182



Advocate for the Petitioner   : MR. A K PURKAYASTHA

Advocate for the Respondent :

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BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order 18.10.2023 Heard Mr. A. K. Purkayastha, learned counsel for the petitioner. The present application is filed assailing the impugned Ex-Parte Judgment and Order dated 15.12.2022 passed by the learned Judicial Magistrate First Class, Margherita, Tinsukia, whereby the petitioner was directed to pay maintenance allowance of Rs. 5,000/- per month to the respondent.

So far relating to the arrears of maintenance, the petitioner is required to pay a total amount of Rs.2,40,000/-. The learned counsel for the petitioner submits that he will pay an amount of Rs. 50,000/- against the total arrears of monthly maintenance of Rs. 2,40,000/- to the respondent wife.

Issue notice, returnable after 6 (six) weeks.

Steps by way of Registered Post with A.D as well as through usual process within 7 (seven) days.

Considering the submission of the learned counsel for the petitioner that he is not in a position to pay the arrears amount at one go, though he is willing to pay the same in installments, this court is of the view that petitioner is directed to deposit an amount of Rs. 50,000/- against the total arrear of monthly maintenance of Rs. 2,40,000/- before the Registry of this Court and for the remaining arrear of monthly maintenance, an amount of Rs.10,000/- per month shall be deposited before the learned trial Court. The respondent shall be at liberty to withdraw the aforesaid deposited amount before the Registry after due verification and identification. The petitioner shall in addition continue to pay the maintenance amount to the respondent wife.

No coercive action shall be taken against the petitioner for non-payment of the arrear amount at one go.

JUDGE

Comparing Assistant