Ramen Medhi vs Sarmila Teron And Anr
2025 Latest Caselaw 4642 Gua

Gauhati High Court

Ramen Medhi vs Sarmila Teron And Anr on 18 August, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                         Page No. 1/3

GAHC010181272025




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

                                Case No. : Crl.Rev.P./320/2025

            RAMEN MEDHI
            S/O LATE KANTESWAR MEDHI
            R/O TOWN- SARTHEBARI (ATATHER CHUPA)
            P.O. AND P.S. SARTHEBARI
            DIST. BARPETA, ASSAM
            PIN-781307

            VERSUS

            SARMILA TERON AND ANR
            C/O RAMEN TERON
            R/O HOUSE NO. 465
            NH-37, LOKHRA, BARBAKRA
            P.O. SAWKUCHI, P.S. BASISTHA
            DIST. KAMRUP (M), ASSAM
            PIN-781040

            2:THE STATE OF ASSAM
             REP. BY THE PP
            ASSAM

Advocate for the Petitioner   : MR. S BIKASH, MR. D BHUYAN

Advocate for the Respondent : PP, ASSAM, '


                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

Date : 18.08.2025

Heard Mr. S. Bikas, learned counsel for the petitioner.

2. Aggrieved by and dissatisfied with a Judgment dated 29.07.2025, passed by the learned Principal Judge, Family Court-I, Kamrup [M], Guwahati ['the Family Court', for short] in Misc. Case no. 327/2023, the petitioner has preferred the instant revision petition under Sections 438/442 read with Section 528, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023.

3. At an earlier point of time, the respondent herein as a legally married wife of the petitioner filed an application under Section 125, of the Code of Criminal Procedure [CrPC], 1973 seeking maintenance. The said application was registered as F.C. [Crl.] no. 72/2018 before the Family Court. By a Judgment dated 20.06.2019, the Family Court directed the petitioner to pay an amount of Rs. 3,000/- per month to the respondent and the minor child. Subsequently, in the year 2023, the respondent-wife preferred an application under Section 127, CrPC seeking enhancement of the maintenance amount and the same had been registered as Misc. Case no. 327/2023. The Family Court after hearing the parties, has delivered the Judgment dated 29.07.2025 whereby the petitioner has been directed to pay an amount of Rs. 7,000/- to the respondent-wife and Rs. 4,000/- to the minor daughter per month with effect from the date of filing of the application.

4. Mr. Bikash, learned counsel for the petitioner has submitted that the amount of Rs. 4,000/- to the daughter is not required to be paid at present as the daughter has attained majority and she does not come within the purview of Section 125[1][c], CrPC. He has further submitted that the maintenance amount of Rs. 7,000/- to the respondent is on higher side and it is not possible for the petitioner to pay such an amount having regard to his status/earnings.

5. The case records of F.C. [Crl.] no. 72/2018 be called for.

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

7. The petitioner shall take steps for service of notice upon the respondents by registered

post with A/D as well as by usual process within 3 [three] working days from today.

JUDGE

Comparing Assistant