[Cites 2, Cited by 0]
Gauhati High Court
Sri Pranab Ghosh vs Smt Mayuri Das on 16 December, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No. 1/3
GAHC010251562025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./471/2025
SRI PRANAB GHOSH
SON OF SRI PARTHO GHOSH, RESIDENT OF FLAT NO.4-B, GREEN PARK
COLONY, OPPOSITE SHIVAM AGENCY, P.O.- MALIGAON, P.S.- JALUKBARI,
GUWAHATI - 781011 DISTRICT - KAMRUP (M), ASSAM.
VERSUS
SMT MAYURI DAS
DAUGHTER OF LATE RANA DAS, WIFE OF SRI PRANAB GHOSH,
RESIDENT OF VILLAGE - SHUTTLE GATE, REST CAMP, PANDU, P.O.-
MALIGAON, P.S.- JALUKBARI, GUWAHATI - 781011, DISTRICT - KAMRUP
(M), ASSAM
CONTACT NO. 9706703469
Advocate for the Petitioner : MR. J P DAS, MS S.DAS
Advocate for the Respondent : ,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 16.12.2025
Heard Mr. J.P. Das, learned counsel for the petitioner.
2. This criminal revision petition under Section 476, Bharatiya Nagarik Suraksha Sanhita
[BNSS], 2023 is preferred to assail a Judgment dated 18.08.2025 passed by the Court of
learned Principal Judge, Family Court No. I, Kamrup [Metro] at Guwahati ['the Family Court',
for short] in F.C. [Crl.] no. 354/2021. The case, F.C. [Crl.] no. 354/2021 was registered on
filing of an application by the respondent under Section 125, Code of Criminal Procedure,
1973 [CrPC] seeking maintenance allowance from the petitioner. By the Judgment dated
18.08.2025, the learned Family Court has held that the petitioner therein, that is, the sole
respondent herein is entitled to a monthly maintenance amount of Rs. 8,000/- with effect
from the date of filing of the case. The Family Court has further directed the opposite party
therein, that is, the petitioner herein to deposit the arrear maintenance allowance within a
period of 6 [six] months from 18.08.2025 from the date of filing of the application.
3. Mr. Das, learned counsel for the petitioner has submitted that after the Judgment
dated 18.08.2025, the petitioner, who was serving as Senior Accounts Executive in a private
limited company, has been demoted to the position of Assistant Accounts Executive on and
from 10.10.2025 vide a Demotion Letter dated 08.10.2025 [Page 171] and as a result, his
salary has been reduced substantially. On perusal of the Demotion Letter, it is noticed that the
petitioner is shown to be demoted due to his poor performance. Mr. Das has further
submitted that in view of his demotion, the petitioner is not in a position to deposit the entire
arrear maintenance allowance since the filing of the petition within the period fixed by the
Family Court and the arrear maintenance allowance would be in excess of Rs. 3,00,000/-.
4. During the course of the proceedings of F.C. [Crl.] no. 354/2021, the petitioner himself
had admitted that his salary was Rs. 32,000/-. The petitioner is a physically disabled person
and as per Disability Certificate issued on 29.07.2021, the petitioner has 65% permanent
disability in relation to all his four limbs.
5. Issue notice, returnable on 28.01.2026.
6. The petitioner shall take steps for service of notice upon the sole respondent by Speed
Post within 3 [three] working days from today.
7. Having heard the learned counsel for the interim prayer, this Court, taking into
consideration the facts projected in this criminal revision petition, deems it proper to direct
the petitioner to deposit 50% of the arrear maintenance allowance as directed by the
Judgment dated 18.08.2025 of the Family Court within the period directed by the Family
Court apart from continuing to deposit the monthly maintenance amount since 28.08.2025 till
the returnable date.
JUDGE
Comparing Assistant
