Manab Bhattacharjee vs The State Of Assam And Anr
2024 Latest Caselaw 4838 Gua

Gauhati High Court

Manab Bhattacharjee vs The State Of Assam And Anr on 15 July, 2024

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GAHC010275052023




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

                                 Case No. : Crl.Pet./1295/2023

            MANAB BHATTACHARJEE
            S/O LATE JADABENDRA BHATTACHARJEE
            R/O SHYAMAPRASAD ROAD,
            BADARPUR
            P.O. BADARPUR
            DIST. KARIMGANJ, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            TO BE REP. BY THE LD. PP, ASSAM

            2:SMT. SUPARNA ROY CHOUDHURY
            W/O WRI MANAB BHATTACHARJEE

            D/O LATE MUKUL ROY CHOUDHURY
            R/O MOHAPRABHU COLONY MALUGRAM
            P.O. SILCHAR

            DIST. CACHAR
            ASSA

Advocate for the Petitioner   : MR. A R BHUYAN

Advocate for the Respondent : PP, ASSAM

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BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 15/07/2024

Heard Mr. N A Mazarbhuiya, learned counsel for the petitioner and Ms. S Jahan, learned Additional Public Prosecutor, Assam for the State respondent. Also heard Ms. M Bhattacharjee, learned counsel for the respondent No. 2.

In a petition filed under Section 125 Cr.P.C. by the respondent No. 2 against the petitioner, the learned Principal Judge, Family Court, Cachar, Silchar in F.C. (Crl.) Case No. 37/2021 by an order dated 26.09.2023 directed the petitioner to provide maintenance allowance to the respondent No. 2 @ Rs.7500/- per month for herself and Rs.3000/- per month for their minor son till attaining the age of majority with effect from the date of passing of the said order dated 26.09.2023.

Aggrieved with the said order of the learned Principal Judge, Family Court, Cachar, Silchar dated 26.09.2023, the petitioner has preferred this criminal petition praying amongst others for setting aside the said judgment dated 26.09.2023, noted above, along with an interim prayer to suspend the impugned judgment dated 26.09.2023 passed by the learned Principal Judge, Family Court, Cachar, Silchar.

The Court on 12.12.2023 while issuing notice to the respondents categorically observed that the interim prayer of the petitioner shall be considered only after appearance of the respondent No. 2.

The respondent No. 2 has filed a connected I.A. being I.A. (Crl.) No. 490/2024 for payment of arrear maintenance of Rs.10,500/- payable to her for herself and Rs.30,000/- for their minor son payable to her and also the cost of the proceeding of this criminal petition.

Service of notice on the respondent No. 2 is complete.

List this matter on 28.08.2024 for admission.

JUDGE Page No.# 3/3

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