Page No.# 1/3 vs Md. Inamul Islam And 2 Ors
2025 Latest Caselaw 9251 Gua

Gauhati High Court

Page No.# 1/3 vs Md. Inamul Islam And 2 Ors on 2 December, 2025

                                                                            Page No.# 1/3

GAHC010208122025




                                                                    2025:GAU-AS:16510

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

                                Case No. : I.A.(Crl.)/1030/2025

            MUSSTT. FATEMA KHATUN
            D/O MD. JAMAL UDDIN
            R/O VILL- NO. 2 BORBORI, P.S. LAHARIGHAT, DIST. MORIGAON, ASSAM,
            782127



            VERSUS

            MD. INAMUL ISLAM AND 2 ORS
            S/O MD. NUR ISLAM R/O VILL- NO. 2 BARBORI, P.S. LAHARIGHAT, DIST.
            MORIGAON, ASSAM

            2:MD. NURUL ISLAM @ NUR ISLAM
             S/O LATE ABDUL GAFUR
            R/O VILL- NO. 2 BARBORI
             P.S. LAHARIGHAT
             DIST. MORIGAON
            ASSAM

            3:MUSST. MAJIDA KHATUN
            W/O NURUL ISLAM @ NUR ISLAM
            R/O VILL- NO. 2 BARBORI
             P.S. LAHARIGHAT
             DIST. MORIGAON
            ASSA

Advocate for the Petitioner   : MR. M A SHEIKH, MS F INTAZ,MR. W A SHEIKH

Advocate for the Respondent : MR J C BORAH,
                                                                       Page No.# 2/3

                                BEFORE
              HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

                                  ORDER

02.12.2025

1. Heard Mr. M.A. Sheikh, learned counsel for the applicant as well as Mr. J.C. Borah, learned counsel for the respondent.

2. This interlocutory application has been filed by the applicant, namely, Musstt. Fatema Khatun, seeking vacation of the order stay dated 16.07.2025, passed in the connected Criminal Revision Petition No.252/2025.

3. The said revision has been preferred by the petitioner challenging an order dated 02.03.2023, passed by the learned Sessions Judge, Morigaon in Criminal Appeal No.13/2022, whereby the judgment dated 05.08.2022, passed by the learned Additional CJM, Morigaon in CR(CV) No.687/2017 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 was set aside and it was inter-alia directed that a maintenance amount of Rs.4000/- shall be paid to the respondent and their child.

4. While issuing notice in the instant case by order dated 16.07.2025, the impugned judgment dated 02.03.2023 in Criminal Appeal No.13/2022 was stayed by this Court till returnable date.

5. It appears that the aforesaid order of stay was till the returnable date, which was after 4(four) weeks from 16.07.2025, a period that has long expired.

6. I have perused the impugned judgment passed by the Page No.# 3/3

learned Sessions Judge, Morigaon, wherefrom it appears that the learned Sessions Judge after due consideration of evidence on record had passed the impugned order including an order for maintenance of Rs.4000/- per month for the respondent and their child.

7. Having regard to the submissions of the learned counsel for the petitioner as well as the respondent, I am of the view that stopping the payment of maintenance amount might result in vagrancy of the respondent and until the matter is finally decided the respondent is in need of maintenance for her survival as well as for the survival of the child.

8. Keeping the same in view, the order of stay dated 16.07.2025 is hereby vacated.

9. Accordingly, this interlocutory applications stands allowed and disposed.

JUDGE

Comparing Assistant