Bilayet Hussain Khan vs Mafida Begum
2023 Latest Caselaw 3878 Gua

                                                                      Page No.# 1/3

GAHC010079932022




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

                                Case No. : Crl.Rev.P./190/2022

             BILAYET HUSSAIN KHAN
             S/O AKMAL KHAN, R/O VILL-PUB-JAHARPAM, P.S.-BARPETA, DIST-
             BARPETA, ASSAM



             VERSUS

             MAFIDA BEGUM
             D/O FOIZUDDIN AHMED, R/O BAGUDI, P.S.-BARPETA, DIST-BARPETA,
             ASSAM, PIN-781316



Advocate for the Petitioner   : DR. B AHMED

Advocate for the Respondent : MR. M U MONDAL

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

21.09.2023

Heard Mr. N. Haque, learned counsel for the petitioner.

This Court under its order dated 14.08.2023, directed both the parties to file Page No.# 2/3

their affidavit in terms of the decision of the Hon'ble Apex Court rendered in the case of Rajnesh -Vs- Neha reported in (2021) 2 SCC 324. However, both the parties have not filed such affidavit and prays for some time. Prayer is allowed.

The learned counsel for the respondent/ wife submits that this Court while staying the impugned judgment and order dated 08.04.2022 passed by the learned Principal Judge, Family Court, Barpeta in FC (Crl) 285/2020, directed the petitioner to pay Rs. 6,000/- as monthly maintenance to the respondent. However, the petitioner has not paid the amount as directed except an amount of Rs. 20,000/- on 18.03.2023, Rs. 3,000/- on 29.05.2023, Rs. 10,000/- on 28.06.2023 and another amount of Rs. 5000/- on 30.08.2023.

According to the learned counsel for the respondent, from 06.05.2022 till date, the total amount due becomes Rs. 96,000/- in terms of the interim order dated 06.05.2022 passed by this Court. However, actual amount paid is Rs. 38,000/- only. In support of such contention, learned counsel has produced the order sheet of the FC (Crl) Case No. 285/2020.

The learned counsel for the respondent is allowed to file an affidavit to bring on records the aforesaid orders and facts.

The learned counsel for the petitioner, however, on instruction refute such allegation and submits that the payment is regularly made. Accordingly, it is directed that the petitioner shall file an affidavit declaring how he has implemented the interim order dated 06.05.2022, passed by this Court. If the interim order is not complied with, this Court may consider recalling the order of stay passed by this Court vide order dated 06.05.2022.

Page No.# 3/3

Accordingly, list this matter on 19.10.2023.

JUDGE

Comparing Assistant