Monirul Hoque vs The State Of Assam And Anr
2025 Latest Caselaw 1996 Gua

Gauhati High Court

Monirul Hoque vs The State Of Assam And Anr on 5 August, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010140352025




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

                                Case No. : Crl.Rev.P./298/2025

            MONIRUL HOQUE
            S/O- KASER ALI.
            R/O- VILL.- BOALKAMRI PART-II, P.O.- BARKANDA, P.S.- BILASIPARA,
            DIST.- DHUBRI, ASSAM.

            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PP, ASSAM

            2:JOYNAB BEGUM
             D/O- SAHEB UDDIN MOLLAH.
            R/O- VILL.- PIAZBARI PART-I (NEAR 2416-B NO. PUB PIAZBARI L.P.
            SCHOOL
             P.O.- MAKRIJHORA
             P.S.- GAURIPUR
             DIST.- DHUBRI
            ASSA

Advocate for the Petitioner   : MR. A RAHMAN,

Advocate for the Respondent : PP, ASSAM,


                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

Date : 05.08.2025

Heard Mr. A. Rahman, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent no. 1, State Page No.# 2/3

of Assam.

2. In this criminal revision petition, the petitioner has challenged a Judgment dated 08.05.2025 passed by the Court of learned Principal Judge, Family Court, Dhubri in F.C.[Crl.] Case no. 04/2025, whereby, the learned Family Court while considering the application filed by the respondent no. 2 under Section 144, Bharatiya Nagarik Suraksha Sanhita, 2023 [BNSS], has directed the petitioner who was the opposite party therein, to pay an amount of Rs. 3,000/- to the respondent no. 2 as monthly maintenance allowance from the date of filing of the application under Section 144, BNSS in the first week of every succeeding month.

3. The petitioner has contended that upon receipt of summons from the learned Family Court, he appeared before the learned Family Court on 05.03.2025. The petitioner has averred in paragraph 4 of the petition that he made a prayer on that day for some time to file written objection to the application filed by the respondent no. 2 but the learned Family Court without granting any further opportunity had observed that the petitioner-opposite party was present without filing written statement and affidavit of disclosure of assets and liabilities. Observing so, the learned Family Court had proceeded to fix the case for recording of evidence of the petitioner's witness. It is further contended that when the case was posted on 24.03.2025, the learned Family Court recorded that no evidence has been adduced by the petitioner and posted the case on 23.04.2025 for written argument.

4. The case records of F.C.[Crl.] Case no. 04/2025 be called for.

5. Issue notice, returnable in 4 [four] weeks.

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6. As Mr. Goswami, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the respondent no. 1, issuance of formal notice to the respondent no. 1 is dispensed with. However, an extra copy of the petition along with annexures is to be furnished to Mr. Goswami within 3 [three] working days from today.

7. The petitioner shall take steps for service of notice upon the respondent no. 2 by registered post with A/D as well as by usual process within 3 [three] working days from today.

8. The prayer for interim relief is kept open for consideration after receipt of TCR and appearance of the respondent no. 2.

JUDGE

Comparing Assistant