Monjura Khanom vs Rofiqul Islam And 3 Ors
2024 Latest Caselaw 7848 Gua

Gauhati High Court

Monjura Khanom vs Rofiqul Islam And 3 Ors on 28 October, 2024

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                          Page No.# 1/3

GAHC010112202024




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

                                Case No. : Crl.Rev.P./219/2024

            MONJURA KHANOM
            W/O ROFIQUL ISLAM, D/O MONNAF ALI, R/O HURKAKUCHI, P.O.-
            GOBINDAPUR, P.S. AND DIST- BONGAIGAON, ASSAM, PIN CODE-783380

            VERSUS

            ROFIQUL ISLAM AND 3 ORS
            S/O LATE SHEIKH OMAR ALI, R/O VILL- HASILAPARA, P.S. AND DIST-
            GOALPARA, ASSAM, PIN CODE-

            2:FOZLUL KARIM
             S/O LATE SHEIKH OMAR ALI
             R/O VILL- HASILAPARA
             P.S. AND DIST-GOALPARA
            ASSAM
             PIN CODE-

            3:SAHEHA KHATUN
            W/O LATE SHEIKH OMAR ALI
             R/O VILL- HASILAPARA
             P.S. AND DIST-GOALPARA
            ASSAM
             PIN CODE-

            4:THE STATE OF ASSAM
             REPRESENTED BY THE PUBLIC PROSECUTOR
            ASSA

Advocate for the Petitioner   : MR. A MANNAF, MD A S ALI

Advocate for the Respondent : PP, ASSAM, MR. R A CHOUDHURY (r-1,2,3),B BARMAN (r-
1,2,3),MR. H ALI (r-1,2,3),MR H R A CHOUDHURY (r-1,2,3)
                                                                      Page No.# 2/3


                                BEFORE
               HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                    ORDER

Date : 28.10.2024

Heard Mr. A. Mannaf, learned counsel for the petitioner. Also heard Mr. H. Ali, learned counsel appearing for the respondent Nos. 1, 2 and 3 and Mr. M. P. Goswami, learned Additional Public Prosecutor for the State of Assam.

The present application has been filed praying for enhancement of the maintenance allowance granted by the learned Additional Chief Judicial Magistrate, Goalpara in DV Case No. 214/2021.

Mr. Ali, learned counsel appearing for the respondent Nos. 1, 2 and 3 has submitted that the respondents have already filed an appeal against the said judgment, the appeal has been registered as Criminal Appeal No. 16/2024 in the Court of the learned Sessions Judge, Gaolpara.

Mr. Ali, learned counsel has submitted that the respondents have not yet paid the interim maintenance allowance till now.

I have considered the submissions made by the learned counsel for both the sides.

Since, the appeal has been filed, the present application does not deserves to be considered at this stage.

However, the learned Session Judge, Goalpara in respect of Criminal Appeal No. 16/2024 which has been filed challenging the judgment passed by the Additional Chief Judicial Magistrate, Goalpara in DV Case No. 214/2021 shall take steps for issuance for payment of the interim compensation amount to the Page No.# 3/3

present petitioner.

The respondents shall continue to pay the interim maintenance allowance till disposal of the appeal.

With the aforesaid directions, the present criminal revision petition stands disposed of.

However, after disposal of the aforesaid criminal appeal, the petitioner will have at liberty to approach this Court for seeking relief.

JUDGE

Comparing Assistant