Dinesh Chandra Sutradhar vs Lakhi Sutradhar
2025 Latest Caselaw 1787 Gua

Gauhati High Court

Dinesh Chandra Sutradhar vs Lakhi Sutradhar on 7 January, 2025

                                                                     Page No.# 1/3

GAHC010275032024




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

                                  Case No. : Crl.Rev.P./517/2024

            DINESH CHANDRA SUTRADHAR
            SON OF BHOLANATH SUTRADHAR, RESIDENT OF VILLAGE- PASCHIM
            BELGURI, P.S. GOBARDHANA, DIST. BAKSA, ASSAM



            VERSUS

            LAKHI SUTRADHAR
            WIFE OF DINESH CHANDRA SUTRADHAR, DAUGHTER OF PRIYANATH
            SUTRADHAR, RESIDENT OF VILLAGE- KHAIRABARI, P.S. BARPETA ROAD,
            DIST. BARPETA, ASSAM



Advocate for the Petitioner   : MR N AHMED, MR. M M ZAMAN,M RAHMAN,IMDADUL
ISLAM,MR N ISLAM

Advocate for the Respondent : ,




                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                            ORDER

Date : 07-01-2025

Heard Mr. N. Ahmed, the learned counsel for the petitioner.

2. This is an application u/s 442 of the Bharatiya Nagarik Suraksha Sanhita Page No.# 2/3

R/W Section 528 of the Bharatiya Nagarik Suraksha Sanhita R/W Article 227 of the Constitution of India challenging the validity and legality of the impugned order dated 26.11.2024 passed by the learned Principal Judge, Family Court, Barpeta in M.R. Case No. 447/2013, whereby the process of the DW has been issued against the present petitioner for recovery of arrear maintenance amount.

3. It is submitted by Mr. Ahmed that vide judgment and order dated 11.04.2014 the learned SDJM(S), Barpeta had granted 4000/- per month towards maintenance allowance to the respondent including her minor child. He submitted that at present he is paying the monthly maintenance allowance but there are some arrear amount and on 26.11.2024 he also paid Rs. 7000/- towards the arrear maintenance allowance. But, in spite of that DW was issued against the present petitioner.

4. Further Mr. Ahmed has submitted that in pursuance to the issuance of DW his scooty is also being attached for recovery of the arrear maintenance. However, he is ready to pay additional Rs. 10,000/- per month towards the arrear maintenance allowance and accordingly prayed for suspension of DW issued against the present petitioner.

5. Hearing the submission made by learned counsel for the petitioner, I have also perused the case record and annexures along with the petition. From the order dated 26.11.2024 it seems that Rs. 7,000/- was paid in total including the monthly maintenance allowance. However, there is an arrear maintenance amount to the tune of Rs. 1,95,750/- and till date the arrear amount is not being paid by the petitioner. Thus it is seen that his arrear amount is due and the petitioner had paid only Rs. 7,000/- including the monthly maintenance. Thus I find that no illegality or irregularity has been committed by the learned Page No.# 3/3

Principal Judge, Barpeta by issuing the DW against the present petitioner.

6. However, considering the submission made by learned counsel for the petitioner, the learned Principal Judge may give a chance to the petitioner for payment of the arrear maintenance allowance in instalment basis and amount may be fixed as considered proper and justified amount by the learned Trial Court below.

7. As submitted by learned counsel for the petitioner the next date is fixed on 20.01.2025 for further payment of the arrear maintenance allowance, this Court is of the opinion that till date the DW may be suspended giving a chance to the petitioner to pay the arrear amount in instalment basis. The petitioner will accordingly file fresh petition before the learned Principal Judge, Barpeta and which may be considered and disposed of in accordance with law.

8. With the above observations, the present petition stands disposed of.

JUDGE

Comparing Assistant