Kabir Ahmed vs The State Of Assam And Anr
2025 Latest Caselaw 3541 Gua

Gauhati High Court

Kabir Ahmed vs The State Of Assam And Anr on 27 February, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                           Page No.# 1/2

GAHC010068152022




                                                                    undefined

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

                                Case No. : Crl.Rev.P./155/2022

            KABIR AHMED
            S/O DEWAN MANTAZ AHMED
            VILL- AGMANDIA, P.O. MANDIA, P.S. BAGHBAR, DIST. BARPETA, ASSAM,
            PIN-781308



            VERSUS

            THE STATE OF ASSAM AND ANR
            TO BE REP. BY THE PP, ASSAM

            2:SALEHA BEGUM
             D/O SULTAN ALI
            VILL- BECHIMARI PAM
             P.O. BURIKHAMAR
             P.S. SARTHEBARI
             DIST. BARPETA
            ASSAM
            ASSAM
             PIN-781311

Advocate for the Petitioner   : MR J ISLAM, MR. A HUSSAIN

Advocate for the Respondent : PP, ASSAM, MR. D DEKA (r-2),MR. T SK (R-2),MR. M R ISLAM
(R-2),MR S A SIKDER (R-2)
                                                                                         Page No.# 2/2




                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                              ORDER

27.02.2025

Heard Mr. J Islam, learned counsel for the petitioner and Mr. S. Nawaz, learned counsel for the respondent no. 2.

It has been stated at the bar by the both sides that the respondent no. 2 has re-married on 06.05.2024. Therefore, after that date, the respondent no. 2 is not entitled to get the maintenance allowance from the petitioner. However, till the date aforesaid, she is entitled to get the maintenance.

The learned counsel for the petitioner has submitted that although some amount has already been paid to the respondent no. 2 yet some arrear are yet to pay her. Therefore, he has prayed for 1 (one) month's time to clear the arrear maintenance allowance.

Mr. Islam further submits that pursuant to the interim order granted by this court he is paying 50% of the awarded amount.

After hearing the learned counsel for both sides, this court is of the opinion that the petitioner deserves to be given an opportunity to clear the arrear dues till the date of re-marry of respondent no. 2.

Considering above, list this matter again on 05.05.2025. In the meantime, the petitioner will pay all the arrear dues to the respondent no. 2 awarded in the original judgment given by the trial court.

JUDGE Comparing Assistant