Sibu Dutta @ Shibu Dutta vs Pinky Mondal
2023 Latest Caselaw 4442 Gua

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GAHC010156842023




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

                                Case No. : Crl.Rev.P./287/2023

            SIBU DUTTA @ SHIBU DUTTA
            S/O LATE NIKHIL DUTTA
            R/O KOKRAJHAR TOWN, WARD NO. 6 (BAZAR),
            P.O., P.S. AND DIST. KOKRAJHAR, BTC, ASSAM, PIN-783370



            VERSUS

            PINKY MONDAL
            W/O SRI SIBU DUTTA
            D/O SRI ANIL MONDAL
            R/O KOKRAJHAR TOWN,
            WARD NO. 6(BAZAR)
            P.O., P.S. AND DIST. KOKRAJHAR, BTC, ASSAM
            PIN-783370



Advocate for the Petitioner   : MS D DAS

Advocate for the Respondent : MR. M U MAHMUD

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

18.10.2023

Heard the learned counsel for the petitioner.

Today is date fixed for consideration of interim prayer.

The present application is filed under Section 401 and 397 of the Cr.P.C. read with Section 482 of Cr.P.C. against the judgment and order dated 12.06.2023 passed in Criminal Revision No. 21/2022 by the learned Sessions Judge, Kokrajhar whereby the petitioner was directed to pay monthly maintenance of Rs. 9000/- to the respondent wife.

On receipt of notice, the respondent wife has entered appearance through Mr. S. Afridi, learned counsel.

It is submitted by Mr. Afridi, learned counsel that taking advantage of the pendency of this present petition, the husband has not honoured the award and not a single penny has been paid in terms of impugned judgment and award dated 16.08.2022 affirmed by the learned Revisional Court under its order dated 12.06.2023 in Criminal Revision No. 21/2022.

Considering the nature of allegation as well as considering the fact that both the Courts below concurrently awarded maintenance of Rs. 9000/- per month, this Court is not inclined to pass any interim order. Accordingly, prayer for Page No.# 3/3

interim order stands rejected.

The respondent wife shall be at liberty to proceed against the present petitioner for recovery of the arrear as per law before the learned Court below.

List this matter for Admission after the ensuing the Puja vacation on a date to be fixed by the Registry.

JUDGE

Comparing Assistant