Ujjal Kanti Das Laskar vs The State Of Assam And Anr
2025 Latest Caselaw 9546 Gua

Gauhati High Court

Ujjal Kanti Das Laskar vs The State Of Assam And Anr on 15 December, 2025

Author: M. Zothankhuma

Bench: Michael Zothankhuma

                                                                          Page No.# 1/3

GAHC010047822024




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

                                 Case No. : Mat.App./7/2024

            UJJAL KANTI DAS LASKAR
            S/O LATE NALINI MOHAN DAS
            RESIDEN OF BBD LANE, HOUSE NO. 24, HAILAKANDI ROAD, PS SILCHAR,
            DIST CACHAR, ASSAM

            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM

            2:SMTI KRISHNA PAUL
             D/O KANAI PAUL

            RESIDENT OF SHAMSHAN ROAD
            SILCHAR
            PO AND PS SILCHAR DIST CACHAR ASSAM 78800

Advocate for the Petitioner   : MS. R CHOUDHURY, MS. B. HAZARIKA

Advocate for the Respondent : PP, ASSAM, MS. K L R YANTHAN(R-2),MS. S DEVI(R-2),MR P
UPADHYAYA(R-2),MRS. R RONGMEI(R-2)


                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                 HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

                                          ORDER

15.12.2025 (M. Zothankhuma, J)

Ms. R. Choudhury, learned counsel appears for the appellant, while Mrs. R. Page No.# 2/3

Rongmei, learned counsel appears for the respondent No.2.

2. The appellant husband has put to challenge the impugned order dated 09.02.2024, passed by the learned Principal Judge, Family Court, Cachar at Silchar in F.C. (Crl.) No. 16/2020, wherein the learned Family Court has awarded monthly maintenance @Rs.6,000/- to the respondent No.2/wife w.e.f. 03.12.2020. The appellant has put to challenge the impugned order on the ground that no affidavits had been submitted by the appellant husband or the respondent No.2/wife in terms of the judgment of the Hon'ble Supreme Court in the case of Rajnesh Vs. Neha & Anr., reported in (2021) 2 SCC 324. She also submits that though the appellant was earlier working as a contractual employee in Silchar Medical College & Hospital, he is not working for the said hospital anymore. Further, the appellant is only working as an LIC Agent as on date and he is not in a position to give monthly maintenance @Rs.6,000/- per month.

3. This Court has adjourned the matter on earlier occasions on various grounds, one of them being to enable the appellant's counsel to enquire as to why the appellant has not been paying the interim monthly maintenance of Rs.2,000/-, which had been awarded to the respondent No.2/wife vide order dated 29.10.2021, passed in CR(DV) Case No.198/2020.

4. Ms. R. Choudhury, learned counsel for the appellant submits that she has not been able to communicate with the appellant for some time now and as such, she cannot make any submission in that regard.

5. Mrs. R. Rongmei, learned counsel for the respondent No.2 submits that the appellant has till date paid only Rs.2,800/- to the respondent No.2 as maintenance during the last 4/5 years. She submits that the appellant has utter disregard for the Page No.# 3/3

orders of this Court and his only intention is to flout the orders of the learned Family Court and this Court. She also submits that the appellant has now become an Advocate under the Bar Council of Assam, Nagaland, Mizoram, Arunachal Pradesh and Sikkim and his enrolment number is 2714 of 2023 dated 10.10.2023.

6. It is interesting to note that while the impugned order passed by the learned Family Court had been made on 09.02.2024, the appellant, it appears, has not made this fact known to the learned Family Court or in the present appeal.

7. On considering the submissions made by the learned counsels for the parties and in view of there being no stay of the impugned order passed by the learned Family Court till date, we are of the view that one chance may be given to the appellant to appear before this Court and to make a statement as to whether he is interested in pursuing this appeal and if so, why the orders of the learned Family Court have not been complied with till date.

8. In the interest of justice, list this matter on 07.01.2026, on which date, the appellant shall personally appear before this Court. In the event the appellant does not appear on that day, it could be deemed/inferred that he is not interested in pursuing the appeal and necessary orders will be passed accordingly.

                         JUDGE                                  JUDGE




Comparing Assistant