Gauhati High Court
Md. Jainal Abedin vs Saja Begum on 5 June, 2024
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GAHC010055432023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./118/2023
MD. JAINAL ABEDIN
S/O- SAIFUDDIN AHMED, R/O- VILL.- MADHUPUR, P.O. KHARSITA, P.S.
BELSOR, DIST. NALBARI, ASSAM
VERSUS
SAJA BEGUM
D/O- MD. TAIJUDDIN AHMED, R/O- VILL.- MADHUPUR, P.O. KHARSITA, P.S.
BELSOR, DIST. NALBARI, ASSAM
Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent : MR N BARMAN
BEFORE
THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
ORDER
05. 06. 2024
Though, a prayer for adjournment was made at the mentioning hour,
same was rejected by this court and this court asked the learned counsel for the
petitioner to repeat such prayer when the matter is called, none appears for the
petitioner on call. An order of maintenance passed under Section 125 Cr.P.C. in
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favour of the respondent wife has been stayed by this court under its order
dated 20.03.2023.
The learned counsel for the respondent wife submits that she is in a
difficult financial position inasmuch as in view of the interim order, no payment
has been made. Accordingly, he prays that the interim order may be vacate.
Perused the judgment. The learned court below relying on the evidence
adduced by the parties, came into a conclusion that the respondent wife does
not have any income and she has been suffering from tremendous hardship and
accordingly, it was held that the wife does not have any income to maintain
herself. At the same time relying on the cross-examination of the petitioner /
husband as well as material on record, the learned court came to a conclusion
that the husband is a Grade-IV employee under the Irrigation Department,
Government of Assam and his monthly salary is Rs. 25,000/-. Accordingly,
considering the standard of living etc., the husband was directed to pay Rs.
4,000/- p.m. to the first party towards maintenance allowance.
This court prima-facie, do not find any material irregularity or jurisdictional
error or any perversity in the aforesaid determination made in the learned trial
court below. Therefore, this court is of the view that the interim order is liable to
be vacated. Accordingly, the interim order staying the operation of payment of
maintenance of Rs. 4,000/- p.m. stands vacated and it is directed that till
disposal of this matter on merit, the petitioner shall pay the aforesaid amount to
the respondent / wife. The respondent/ wife may approach the employer of the
husband, namely, Irrigation Department, so that the monthly maintenance can
be made from the salary of the petitioner by deducting the same at source.
However, it is made clear that the observation made in this order is for
consideration of the issued of extension the interim order and the same shall
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not influence the determination that is to be made in touching the merit of the
case.
List this matter after six weeks.
JUDGE
Comparing Assistant
