Gauhati High Court
Trailokya Kr. Das vs The State Of Assam And Anr on 7 August, 2024
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
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GAHC010217882022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./527/2022
TRAILOKYA KR. DAS
S/O TARINI KR. DAS
R/O GARAL DA-MIRZAPUR
P.S. AZARA, GUWAHATI-17, DIST. KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE PP, ASSAM
2:CHAYA RANI DAS
D/O BIREN DAS
R/O PUB MAZIRGAON
P.S. AZARA
GUWAHATI-17
DIST. KAMRUP (M)
ASSA
Advocate for the Petitioner : MR. B K DAS, MS. P DAS
Advocate for the Respondent : PP, ASSAM, MR. B. DAS,MRS H KALITA (r-2),MS. S R DEVI (r-
2),MR. R K MALAKAR (r-2)
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
07-08-2024
Heard Ms. P. Das, learned counsel for petitioner and Ms. N. Das, learned Additional
Public Prosecutor, Assam for the State respondent No.1. Also heard Mr. B. Das, learned
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counsel for the respondent No.2.
2. The respondent No.2 is the legally married wife of the petitioner and they got married
on 13.03.2014 according to Hindu Marriage rites. On 17.05.2017, the respondent No.2 filed a
petition under Section 125 CrPC read with Section 7 of the Family Court Act, 1984 before the
Principal Judge, Family Court, Kamrup (Metro), Guwahati praying for payment of maintenance
of Rs.12,000/- including medical cost w.e.f., the date of filing the divorce case by the
petitioner being F.C. (Civil) Case No. 418/2016 and another amount for maintaining the Court
case atleast being Rs.3,000/-.
3. After hearing the parties, i.e., the respondent No.2 and the present petitioner, the
learned Principal Judge, Family Court, Kamrup (M), Guwahati in F.C.(Crl.) Case No. 232/2017
by judgment dated 19.09.2022 directed the present petitioner to pay an amount of
Rs.6,000/- per month to the respondent No.1 as maintenance allowance from the date of the
said order dated 19.09.2022 within the first week of succeeding month.
4. It is to be noted herein that by an order dated 26.02.2018, passed by the learned
Principal Judge, Family Court, Kamrup (M), Guwahati in F.C. (Crl) Case No. 232/2017,
preferred by the respondent No.2 directed the petitioner to pay interim maintenance of
Rs.3,000/- w.e.f., 26.02.2018 and the respondent No.2 received the said amount of
Rs.3,000/- regularly from the petitioner till the passing of said judgment on 19.09.2022 by
the learned Principal Judge, Family Court, Kamrup (M), Guwahati.
5. Aggrieved with the said judgment dated 19.09.2022, passed by the learned Principal
Judge, Family Court, Kamrup (M), Guwahati, the petitioner preferred this revision petition on
02.11.2022 and the Court on 07.11.2022 issued notice to the respondents. Later, by order
dated 29.11.2022 while directing the petitioner to take fresh steps on the respondent No.2
herein, wife of the petitioner, also directed to pay Rs.1,500/- as monthly maintenance to her
i.e., the respondent No.2 until further orders and stayed the operation of the impugned
judgment dated 19.09.2022 passed by the learned Principal Judge, Family Court, Kamrup
(M), Guwahati in F.C.(Crl) Case No. 232/2017 until further orders, which is still in force.
6. Mr. B. Das, learned counsel for the respondent No.2 on instruction submitted that the
respondent No.2 is receiving Rs.1,500/- as maintenance allowance regularly in terms of the
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order dated 29.11.2022, passed earlier in this proceeding, which according to the respondent
No.2 is a very meager amount to manage herself.
7. Considering the entire aspect of the matter and as agreed by the parties, the matter is
referred to the Gauhati High Court Mediation Committee.
8. Both the petitioner and the respondent No.2 shall appear for mediation before the
Gauhati High Court Mediation Committee on 28.08.2024 at 10:30 am.
9. As this order has been passed in presence of the learned counsel for the petitioner Ms.
P. Das as well as counsel for the respondent No.2 Mr. B. Das, no formal notice need be issued
to the petitioner as well as respondent No.2 for their appearance before the Gauhati High
Court Mediation Committee on 28.08.2024.
10. List this matter on 04.10.2024.
11. The Gauhati High Court Mediation Committee shall submit its report before the Court
on or before 30.09.2024.
12. Copy of this order forthwith be forwarded to the Gauhati High Court Mediation
Committee for its information and necessary action.
JUDGE
Comparing Assistant
