Jamela Khatoon vs Md. Ibrahim Ali And Anr
2025 Latest Caselaw 3009 Gua

Gauhati High Court

Jamela Khatoon vs Md. Ibrahim Ali And Anr on 10 February, 2025

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GAHC010062982024




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

                                 Case No. : I.A.(Crl.)/302/2024

            JAMELA KHATOON,
            W/O MD. IBRAHIM ALI
            VILL- BOLODMARI CHAR PART-II
            P.S. GOALPARA
            DIST GOALPARA, ASSAM,
            PIN-783121



            VERSUS

            MD. IBRAHIM ALI AND ANR.
            S/O ABDUL AZIZ MIAH VILL- BOLODMARI CHAR PART-II P.S. GOALPARA
            DIST. GOALPARA, ASSAM PIN-783121

            2:THE STATE OF ASSAM

             REP. BY THE PP
             ASSA

Advocate for the Petitioner   : M ISLAM,

Advocate for the Respondent : PP, ASSAM, MR M HOQUE
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                                BEFORE
                   HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                     ORDER

Date : 10.02.2025

Heard Mr. S. Hoque, learned counsel for the applicant. Also heard Mr. M. Hoque, learned counsel for the respondent No. 1.

2. This interlocutory application is preferred by the applicant for vacating the interim order dated 07.06.2022, passed in Crl.Rev.P. No. 273/2022, preferred by the respondent No. 1 herein.

3. Mr. Hoque, learned counsel for the applicant submits that vide judgment and order dated 28.02.2022, in Criminal Revision No. 3/2020, the learned Additional Sessions Judge, Goalpara, had upheld the judgment and order dated 30.09.2019, passed by the learned Sub-Divisional Judicial Magistrate(S), Goalpara, in MCR Case No. 132/2012, wherein the learned Sub-Divisional Judicial Magistrate(S), Goalpara had directed the petitioner/respondent No. 1 herein to pay monthly maintenance of Rs. 4,000/- to the opposite party/applicant herein and Rs. 4,000/- to her minor child till attaining his majority. The judgment and order dated 28.02.2022 has been challenged in the connected Crl.Rev.P. No. 273/2022 by the respondent No. 1, and this Court, vide order dated 07.06.2022, was pleased to direct the respondent No. 1 herein to make payment of 50% of the awarded amount each to the applicant herein and her minor child till disposal of the petition. Mr. Hoque also submits that this application is preferred for vacation/modification of the aforementioned order, dated 07.06.2022, primarily on the ground that the connected revision petition is not maintainable and that the respondent No. 1 herein has not been Page No.# 3/4

complying with the order of this court as he has not been paying the maintenance regularly as per order of this court, dated 07.06.2022, and also fails to clear the arrear amount as granted by the learned trial Court. Further submission of Mr. Hoque is that the applicant herein has been suffering a lot and her minor child is also attending school and it is difficult on her part to manage the expenses of her minor child and therefore, it is contended to vacate the interim order dated 07.06.2022.

4. On the other hand, Mr. Hoque, learned counsel for the respondent No. 1 submits that the respondent No. 1 is suffering from ailments and has been admitted at Bhalukdubi Civil Hospital, Goalpara and that he may be granted some time to file objection.

5. At this stage, Mr. Hoque, learned counsel for the applicant submits that yesterday the applicant had met the respondent No. 1, and the respondent No. 1 told her that he will not make payment of the maintenance as per the order of this Court, and that the medical certificate, so produced by the respondent No. 1 before this court is false and fabricated and therefore, it is contended to allow this application.

6. Having heard the submissions of learned Advocates of both sides, I have carefully gone through the application and the documents placed on record and also perused the orders passed by this Court on different occasions.

7. It appears that the respondent No. 1 was directed on different occasion to make payment of not only the current amount but also the arrear amount. But, the same has not been complied with on this or that pretext despite getting sufficient opportunities. Since the respondent No. 1 herein has failed comply with the order of this Court in spite of getting sufficient opportunities, this Court Page No.# 4/4

is of the view that no further chance can be granted to him.

8. It is the categorical contention of the learned counsel for the applicant nonpayment of the arrear maintenance as well as current maintenance causes serious hardship to the applicant who has a school going child also.

9. Taking note of the submissions of the learned counsel for the applicant and also considering the given facts and circumstances on the record this court is inclined to allow this interlocutory application.

10. In the result, this interlocutory application stands allowed. The interim order, dated 07.06.2022, passed by this Court in Crl.Rev.P. No. 273/2022, stands vacated.

JUDGE

Comparing Assistant