Surajit Deka vs Rubi Das
2025 Latest Caselaw 9373 Gua

Gauhati High Court

Surajit Deka vs Rubi Das on 11 December, 2025

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GAHC010269562025




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

                                  Case No. : Crl.Rev.P./518/2025

            SURAJIT DEKA
            S/O SUKUMAR DEKA, R/O DANGARKUCHI, P.S.- BARPETA, DIST.-
            BARPETA, ASSAM.



            VERSUS

            RUBI DAS
            W/O SURAJIT DEKA, R/O HOWLY WARD NO 1, P.S.- HOWLY, DIST.-
            BARPETA (ASSAM).



Advocate for the Petitioner   : MD. A RAHMAN, MR SARFRAZ NAWAZ,MR. S DAS

Advocate for the Respondent : ,




                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                            ORDER

11.12.2025

1. Heard learned counsel Mr. S. Das for the petitioner 'X' who is aggrieved by the judgment and order dated 29.08.2025, passed by the learned Principal Judge, Family Court, Barpeta in F.C. (Crl.) Case No. 181/2023 directing the petitioner to pay monthly maintenance of Rs. 12,000/- per Page No.# 2/3

month.

2. It is submitted on behalf of the petitioner that the impugned order was passed without considering the assets and liabilities of the respondent 'Y'. The respondent is a school teacher and she has admitted that she earns about 12,000/- per month.

3. It is further submitted that the petitioner was behind bars for 2 (two) months in connection with Vigilance P.S. Case No. 25/2025, and his services as a Lot Mandal has been suspended. It is submitted that after his suspension, the petitioner is not receiving his subsistence allowance also.

4. The petitioner is suffering from financial constraints and he has prayed to stay the arrear of Rs. 1 lac which has been directed by the learned Principal Judge to be paid to the petitioner on the next date fixed i.e., 12.12.2025.

5. The petitioner is willing to continue his payment of Rs. 12,000/- per month.

6. Considering the submission, it appears that the order to pay the arrear of Rs. 1 lac is stayed till the next date fixed.

7. Issue notice to the respondents returnable within 4 (four) weeks.

8. The petitioner is directed to continue payment of monthly maintenance of Rs. 12,000/- till the next date of listing.

9. Call for the Trial Court Records.

10. List accordingly.

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JUDGE

Comparing Assistant