[Cites 1, Cited by 0]
Gauhati High Court
Smt Bagmita Das vs Sri Ashish Chhabra on 17 December, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
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GAHC010256102025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./520/2025
SMT BAGMITA DAS
W/O SRI ASHISH CHHABRA
D/O SRI AKON CHANDR ADAS
R/O UTSAV KANAN APARTMENT,FLAT NO. 3F, P.O. HENGRABARI, P.S.
DISPUR, GUWAHATI-781036, DIST. KAMRUP (M), ASSAM
VERSUS
SRI ASHISH CHHABRA
S/O SRI MADAM LAL CHHABRA
R/O KAHIKUCHI NEW COLONY NEAR SIRD, AZARA,P.O. AND P.S. AZARA,
GUWAHATI-781017, DIST. KAMRUP (M), ASSAM
Advocate for the Petitioner : MR. B D KONWAR SR. ADV., MS. S BHUYAN,MRS J M
KONWAR,MR J SINGH,MS. C SHARMA,MS S JAIN
Advocate for the Respondent : ,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 17.12.2025
Heard Mr. B.D. Konwar, learned Senior Counsel assisted by Ms. S. Bhuyan,
learned counsel for the petitioner.
2. The petitioner is aggrieved by a Judgment dated 28.08.2025 passed by
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the Court of learned Additional Sessions Judge [FTC] No. 3, Kamrup [M],
Guwahati ['the Appellate Court' for short] in Criminal Appeal [DV] no. 13/2025,
which was preferred against an Order dated 27.12.2024 in Misc. [DV] Case no.
8/2024 passed by the Court of learned Judicial Magistrate, First Class-2, Kamrup
[M] ['the Trial Court', for short].
3. By Order dated 27.12.2024, the Trial Court decided the matter of interim
maintenance under Section 23 of Protection of Woman from Domestic Violence
Act, 2005 ['the DV Act', for short] and in the intra-parte order, the Trial Court
observed that the respondent was already voluntarily paying Rs. 10,000/- to the
petitioner as the aggrieved person for her maintenance. The Trial Court had, in
addition to the voluntary contribution of Rs. 10,000/-, directed to pay a monthly
allowance of Rs. 15,000/- towards interim maintenance to the
petitioner/aggrieved person by the 10th day of each month, meaning thereby, a
total amount of Rs. 25,000/- as monthly interim maintenance allowance.
4. Aggrieved by the Order dated 27.12.2024 passed by the Trial Court, the
petitioner and the respondent preferred two appeals. The appeal preferred by
the petitioner, Criminal Appeal no. 19/2024 was dismissed by the Appellate
Court on 28.08.2025. On the other hand, the appeal preferred by the
respondent herein, Criminal Appeal [DV] no. 13/2025 was partially allowed by
the impugned Judgment dated 28.08.2025.
5. Mr. Konwar, learned Senior Counsel appearing for the petitioner has
submitted that the assets and liabilities statement submitted by the respondent
before the Trial Court, the respondent admitted to have allowed Rs. 20,000/-
per month to the petitioner. The Appellate Court without taking into
consideration such statement, has arbitrarily reduced the amount to Rs.
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15,000/- as interim maintenance from Rs. 25,000/- earlier granted by the
learned Trial Court.
6. Both the parties have already submitted their statements of assets and
liabilities before the Trial Court and the same have been made part of the
present criminal revision petition.
7. As the issue pertains to interim maintenance, the same requires
expeditious consideration and disposal.
8. Issue notice, returnable on 21.01.2026.
9. The learned counsel for the petitioner shall take steps for service of notice
upon the respondent by speed post within 3 [three] working days from today. In
addition, the petitioner, on prayer, is also permitted to take steps for service of
notice upon the respondent by way of dasti, which is to be routed through the
Registry of this Court. After service of notice upon the respondent by way of
dasti, the petitioner shall also file a compliance affidavit to that effect on or
before the returnable date.
10. On appearance of the respondent on the returnable date, an endeavour
will be made for disposal of the present criminal revision petition on the issue of
interim maintenance.
11. The respondent may file its response in the meantime.
JUDGE
Comparing Assistant
