Mahendra Ch Ray vs Anita Ray
2025 Latest Caselaw 6426 Gua

Gauhati High Court

Mahendra Ch Ray vs Anita Ray on 28 August, 2025

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GAHC010187972025




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

                                  Case No. : Crl.Pet./1042/2025

            MAHENDRA CH RAY
            SON OF LATE DHULA RAM RAY
            RESIDENT OF PACHDUAR, P.S. ABHAYAPURI, P.O. ABHAYAPURI
            DIST. BONGAIGAON, ASSAM
            PIN-783384.



            VERSUS

            ANITA RAY
            W/O MAHENDRA RAY
            R/O VILL- BAKHOLGAON PART-II,P.S. ABHAYAPURI, P.O. ABHAYAPURI
            DIST. BONGAIGAON, ASSAM
            PIN-783384



Advocate for the Petitioner   : MR. M J BARUAH, MR. A. ALI

Advocate for the Respondent : ,




                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                            ORDER

Date : --28.08.2025

Heard Mr. M. J. Baruah, the learned counsel for the petitioner.

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2. This is an application u/s 528 of BNSS, 2023 (Section 482 of Cr.PC) to invoke the inherent jurisdiction to interfere with the impugned judgment and order dated 21.01.2025 passed by the learned Additional Sessions Judge (FTC),North Salmara, Abhayapuri in Criminal Revision No. 2(2) of 2024.

3. Issue Notice to the respondent through registered post with A/D and usual process.

4. Petitioner shall take steps within 2/3 days.

5. Also call for the scanned copy of the case records.

6. It is submitted by Mr. Baruah that the maintenance case was instituted against the present petitioner wherein Rs. 2,000/- was awarded as maintenance allowance and thereafter the respondent again instituted a revision petition for enhancement of the maintenance allowance wherein this Court had directed the learned Trial Court below to consider the matter after assessing their income, in view of the order of Hon'ble Apex Court passed in case of Rajnesh v. Neha & Another. Thereafter, the learned Trial Court below has assessed the income and burden of the parties and accordingly the enhanced maintenance amount was fixed at Rs. 4,000/-. Against the said order, the respondent again moved another petition for revision praying that the enhancement of the maintenance allowance before the Court of learned Additional Sessions Judge, FTC, North Salmara, Abhayapuri wherein vide order dated 21.01.2025 the Additional Sessions Judge enhanced the maintenance allowance from Rs. 2,000/- to Rs. 14,000/- per month. He further submitted that the enhancement was done in a very arbitrary manner without considering the burden of the present petitioner and also without considering the fact that the children of the respondent are also staying with the present petitioner. He accordingly submitted that the order Page No.# 3/3

dated 21.01.2025 may be stayed at this stage.

7. Considering the submission made by learned counsel for the petitioner and other aspects of the case, the petitioner is hereby directed to pay 50% of the awarded maintenance amount i.e. Rs. 7,000/- per month till disposal of the present petition.

8. List the matter accordingly after 2 (two) weeks, as on a date to be fixed by the Registry.

JUDGE

Comparing Assistant