Ashraful Islam vs The State Of Assam And Anr
2023 Latest Caselaw 4441 Gua

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GAHC010145322023




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

                                Case No. : Crl.Rev.P./286/2023

            ASHRAFUL ISLAM
            S/O LATE MAFIZUDDIN
            R/O VILL- CHAPRA
            P.O. JAHORPAM
            P.S. BARPETA
            DIST. BARPETA, ASSAM
            PIN-781314



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY THE PP, ASSAM

            2:MASOOMA AKTARA
             D/O TALEB KHAN
            R/O VILL-MOIRAMARA
            P.O. HOWLY
            P.S. HOWLY
            DIST. BARPETA
            ASSAM
            PIN-78131

Advocate for the Petitioner   : MR. S A B KHABIR

Advocate for the Respondent : PP, ASSAM

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BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order

18.10.2023

Heard Mr. A. S. Ali, learned counsel for the petitioner.

This application is filed under Section 397/401 and 482 of Cr.P.C. 1973 read with Article 227 of the Constitution of India against the Judgment and Order dated 03.05.2023 passed by the learned Principal Judge, Family Court, Barpeta passed in Family Court (Criminal) Case No. 147/2022 under Section 125 Cr.P.C. wherein directing the petitioner to pay amount of monthly maintenance @ Rs. 5,000/- to the respondent No. 2 and Rs. 2500/- per month for the minor son.

Issue notice returnable after six weeks.

The petitioner to take steps for issuance of notice upon the respondents by way of registered post with A/D as well as by usual process within a period of five days from today.

Till such return of notice, subject to continuous payment of awarded amount of Rs.7500/- per month and an amount of Rs. 2500/- against the arrears of monthly maintenance by the present petitioner to his wife and minor son, no coercive action shall be taken against the petitioner for non payment of arrears of monthly maintenance to the respondent wife.

The respondent counsel is permitted to make a mention of this case in the Page No.# 3/3

event, the payment as directed is not made.

List this matter after six weeks on a date to be fixed by the Registry.

JUDGE

Comparing Assistant