Satya Talukdar @ Satyapal Kushal ... vs Tarulata Das @ Puja Das And Anr
2024 Latest Caselaw 8331 Gua

Gauhati High Court

Satya Talukdar @ Satyapal Kushal ... vs Tarulata Das @ Puja Das And Anr on 13 November, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

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GAHC010238462024




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

                                Case No. : Crl.Pet./1356/2024

            SATYA TALUKDAR @ SATYAPAL KUSHAL TALUKDAR @ SATYA KUSHAL
            PAUL
            S/O LATE MANSHARAM TALUKDAR, C/O OKRAM SAIKIA,
            RESIDENT OF HOUSE NO. 13, LILADHAR BARUA PATH, NEAR A.G.P
            OFFICE, PS LATASIL, GUWAHATI 1, DIST KAMRUP M ASSAM



            VERSUS


            TARULATA DAS @ PUJA DAS AND ANR
            D/O LATE PRASANNA DAS,
            RESIDENT OF HOUSE NO. 36, BHOLANATH MANDIR PATH, B.K KAKATI
            ROAD, ULUBARI GUWAHATI 781007, PS PALTAN BAZAAR, DIST KAMRUP
            M ASSAM

            2:THE STATE OF ASSAM
             REP. BY PP ASSA

Advocate for the Petitioner   : MR. R MAJUMDAR, MS. J GHOSH,MR P K KALITA

Advocate for the Respondent : PP, ASSAM,


                                   BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 13.11.2024

Heard Mr. R. Majumdar, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor for the Page No.# 2/3

State.

This is an application under Section 528 of BNSS, 2023, against the impugned judgment and order dated 26.09.2022 passed by the learned Principal Judge, Family Court - III, Kamrup(M), in connection with F.C.(Crl.) Case No. 352/2012, directing the petitioner to pay monthly maintenance of Rs.4,000/- to the respondent No.1 and subsequent order dated 23.10.2024 in Criminal (Execution) No. 09/2023(arising out of F.C.(Crl.) Case No. 352/2012), wherein warrant of arrest was issued against the present petitioner.

Issue notice.

The petitioner shall take step(s) for service of notice upon the respondent No. 2 by registered post with AD as well as other usual service returnable within 4(four) weeks. The steps be taken within 7(seven) days.

Call for the trial court record. The Registry is directed to procure the same from the concerned court.

It is submitted by the learned counsel for the petitioner that the petitioner is 87 years old person and he has no knowledge regarding proceeding of the execution case and subsequently, warrant of arrest issued against him. As it is a matrimonial issue, therefore, he has prayed to consider the age of the petitioner, warrant of arrest issued against him be re-called till returnable date.

Considering the submission made by the learned counsel for the Page No.# 3/3

petitioner, it is hereby directed that till returnable date, warrant of arrest issued against the petitioner, shall be kept in abeyance.

List accordingly.

JUDGE

Comparing Assistant