Ujjal Sarkar vs The State Of Assam And Anr
2025 Latest Caselaw 1786 Gua

Gauhati High Court

Ujjal Sarkar vs The State Of Assam And Anr on 7 January, 2025

                                                                       Page No.# 1/3

GAHC010000552025




                                                                undefined

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

                                Case No. : Crl.Rev.P./4/2025

           UJJAL SARKAR
           S/O LATE SUKHLAL SARKAR, R/O HOUSE NO. 12A, (RLY QTR), MODEL
           COLONEY, PANDU, P.S.-JALUKBARI, KAMRUP (M), GUWAHATI-12, ASSAM,
           INDIA



           VERSUS

           THE STATE OF ASSAM AND ANR
           REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

           2:SMTI. BAKUL SARKAR
            D/O LATE NITAI KUMAR BISWAS
            C/O DHANANJAY BISWAS
            R/O NETAJI NAGAR
            PAL PARA
            NEAR OLD BONGAIGAON RAILWAY STATION
            BONGAIGAON
           ASSAM
            INDIA
            PIN-78338

Advocate for the Petitioner : MR. J I BORBHUIYA, A TALUKDAR,MR G G GOGOI,MRS. B
TALUKDAR,MR. S J SARMAH,MR. P BOIRAGI

Advocate for the Respondent : PP, ASSAM,




                                  BEFORE
                   HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                           ORDER

Page No.# 2/3

Date : --07.01.2025

Heard Mr. J.I. Borbhuiya, the learned counsel for the petitioner and also heard Ms. S.H. Borah, the learned Additional Public Prosecutor appearing on behalf of State respondent no. 1.

2. This is an application u/s 438(1), 442 and 443 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for setting aside and quashing of the Order & Judgment dated 29.11.2024 in F.C.(Crl.) Case No. 231/2018 passed by the learned Principal Judge, Family Court No. 1, Kamrup (M).

3. Issue Notice on the respondent no. 2 through registered post with A/D as well as usual process.

4. No formal notice is required to be served to State respondent no.1. However extra requisite copy be served to respondent no.1 during the course of the day.

5. Also call for the scanned copy of the LCR.

6. Mr. Borbhuiya further submitted that after deduction towards the income tax and other house loan etc. he receive only Rs. 38,000/- towards the salary and out of which he is regularly paying Rs. 18,000/- to his son who is staying in Delhi and hence not in a position to pay Rs. 25,000/- towards respondent no. 2 towards maintenance as directed by learned Principal Judge. Accordingly he prayed for an interim protection.

7. Considering the submission made by Mr. Borbhuiya he is directed to pay Rs. 15,000/- per month towards maintenance allowance on his wife and will also pay Rs. 10,000/- as directed by learned Principal Judge towards the monthly maintenance allowance to the son till disposal of this petition.

Page No.# 3/3

8. List accordingly after 4 (four) weeks.

JUDGE

Comparing Assistant