Mithinga Kumar Narzary vs Meera Basumatary
2025 Latest Caselaw 4651 Gua

Gauhati High Court

Mithinga Kumar Narzary vs Meera Basumatary on 18 August, 2025

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GAHC010138362025




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

                            Case No. : Crl.Rev.P./241/2025

           MITHINGA KUMAR NARZARY
           SON OF LATE RENJEN NARZARY AND HIMANI NARZARY, R/O BYE LANE
           NO 4, RAJIV GANDHI PATH, KOINADHARA, P.O. KHANAPARA, P.S.
           BASISTHA, GUWAHATI-781022, KAMRUP (M), ASSAM

           VERSUS

           MEERA BASUMATARY
           D/O RAMJEE SINGH AND KAUSHALYA BASUMATARY
           R/O HOUSE NO. 20, 3 JYOTI PATH, JANAKPUR, KAHILIPARA, GUWAHATI-
           781019, P.S. DISPUR, DIST. KAMRUP (M), ASSAM, MOBILE NO. 8876739549

Advocate for the Petitioner : MR. S N KRISHNATRAYA, S CHOUDHURY
Advocate for the Respondent : MS. N CHOUDHURY, P BHOWMICK




                                 BEFORE
                     HONOURABLE MR. JUSTICE PRANJAL DAS

                                      ORDER

18.08.2025

1. Heard Mr. S. N. Krishnatraya, learned counsel appearing for the petitioner. Also heard Ms. N. Choudhury, learned counsel, appearing for the respondent.

2. This petition is filed for setting aside the judgment and order dated 08.05.2025 passed by the learned Principal Judge, Family Court-1, Kamrup(M), Guwahati in F.C.(Crl.) Case No. 26/2022.

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3. The respondent has filed a proceeding before the learned Family Court Guwahati and the Family Court vide order dated 08.05.2025 passed in F.C.(Crl.) Case No. 26/2022 has awarded monthly maintenance of Rs.7000/- to the petitioner w.e.f. the date of listing of the petition. Aggrieved by the same, the petitioner/husband has filed the instant revision and also seeks for stay of the said order.

4. Ms. N. Choudhury, learned counsel for the respondent has strongly opposed the prayer for stay.

5. It appears from the documents annexed with the petition that the petitioner suffered serious injury in a train accident (Annexure-O) and as per disability certificate annexed with the petition (Annexure-J), is having 70% disability. Both sides filed assets and liability documents, in the proceeding before learned courts below.

6. Learned counsel for the petitioner submits that the petitioner is an unemployed person, apart from being handicapped.

7. The revision is admitted for hearing.

8. Call for the original TCR from the court of learned Principal Judge Family Court No.1, Guwahati, Assam.

9. It is submitted by the learned counsel for the respondent that since 2021 the petitioner has not paid any amount.

10. However, considering the projected circumstances of the petitioner, till the next date of listing, the execution of the impugned judgment and order 08.05.2025 passed by the learned Principal Judge, Family Court-1, Kamrup (M) in F.C.(Crl.) Case No. 26/2022, Guwahati shall remain stayed.

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11. The respondent shall be at liberty to seek modification/vacation of the interim order of stay.

12. List the matter on 05.09.2025.

JUDGE

Comparing Assistant