Nurhussain Ali vs Momina Begum
2025 Latest Caselaw 9476 Gua

Gauhati High Court

Nurhussain Ali vs Momina Begum on 15 December, 2025

                                                                        Page No.# 1/3

GAHC010256242025




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

                                Case No. : Crl.Rev.P./490/2025

            NURHUSSAIN ALI
            S/O- ABDUL LATIF, R/O- VILLAGE GARIA CHATLA, PS- SARTHEBARI, DIST.
            BARPETA, ASSAM, PIN- 781307


            VERSUS

            MOMINA BEGUM
            D/O- JAMAL ALI, PERMANENT R/O- HOUSE NO.61, SATGAON, RAILWAY
            LINE UDAYAN VIHAR, DIST. KAMRUP M, PS- SATGAON, GUWAHATI, PIN-
            781171



Advocate for the Petitioner   : MR. M U MAHMUD, MR S ISLAM,MR S ISLAM,MR S H
MAHMUD,MS. B CHETIA

Advocate for the Respondent : MR A A DEWAN, MR. KHAIRUL ISLAM,MR ARJU IKBAL,MR.
SK S N MOHAMMAD




                                   BEFORE
                   HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

                                          ORDER

15.12.2025

1. Heard learned counsel for the parties.

2. This Criminal Revision Petition is directed against the impugned judgment Page No.# 2/3

and order dated 29.10.2025 passed by the learned Principal Judge, Family Court No. 1, Kamrup, Guwahati in F.C. (Criminal) Case No. 64/2024, whereby the petitioner has been directed to pay a maintenance allowance of Rs. 8,000/- (Rupees Eight Thousand only) per month to the respondent from the date of filing of the petition, and further directed to clear the arrear amount within six months from the date of the judgment.

3. We have heard the learned counsel for both the parties. A perusal of the judgment and order dated 29.10.2025 reveals that the learned Trial Court did not take into consideration the affidavits of assets and liabilities filed by the contesting parties while determining the quantum of maintenance payable and the entitlement of the respondent. Such omission constitutes a material infirmity, rendering the quantification of maintenance unsustainable and warranting interference by this Court.

4. Accordingly, without expressing any opinion on the other observations made in the impugned judgment, the order dated 29.10.2025, in so far as it quantifies the entitlement of the respondent and fixes the liability of the petitioner to pay a specific amount of maintenance, is hereby set aside. The matter is remanded to the learned Trial Court for fresh consideration to reassess the maintenance payable by the petitioner to the respondent on the basis of the available records, including the affidavits of assets and liabilities filed by the contesting parties.

5. Both parties shall be at liberty to adduce such evidence as may be necessary to substantiate the statements made in their respective affidavits of assets and liabilities.

Page No.# 3/3

6. The learned Trial Court may also consider and determine the quantum of interim maintenance, if any, required to be paid during the pendency of the proceedings upon remand. The learned Trial Court shall make an endeavour to finally dispose of the matter within a period of three months from the date of this order.

7. This Criminal Revision Petition is disposed of.

JUDGE

Comparing Assistant