Gauhati High Court
Dhrubajyoti Das vs Chitralekha Nath on 21 July, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No. 1/3
GAHC010060222025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/277/2025
DHRUBAJYOTI DAS
S/O- SHRI PRATAP DAS
R/O ATHIABOI, CHANGSARI, PO CHANGSARI, PS CHANGSARI, DIST-
KAMRUP, ASSAM, PIN- 781101
VERSUS
CHITRALEKHA NATH
D/O- LATE DIPAK NATH, W/O- DHRUBAJYOTI DAS, VILL- CHANGSARI,
PURABINAGAR, PO CHANGSARI, PS CHANGSARI, DIST- KAMRUP, ASSAM,
PIN- 781101
Advocate for the Petitioner : MS. N S THAKURIA,
Advocate for the Respondent : ,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 21.07.2025
Heard Ms. N.S. Thakuria, learned counsel for the applicant-review petitioner.
2. The instant interlocutory application under Section 5 of the Limitation Act, 1963 is
preferred seeking condonation of delay of thirty-three days, which have occurred in preferring
the accompanying criminal revision petition under Sections 438/442 read with Section 528 of
the Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023.
3. The applicant as the revision petitioner has preferred the accompanying criminal
revision petition, against a Judgment dated 08.11.2024 passed by the Court of Principal
Judge, Family Court, Guwahati ['the Family Court', for short] in F.C. [Crl.] Case no. 504/2023
whereby the learned Family Court has directed the applicant-revision petitioner to pay an
amount of Rs. 10,000/- per month to the opposite party-respondent herein. The impugned
Judgment dated 08.11.2024 has been passed subsequent to an application filed by the
opposite party-respondent herein under Section 125, Criminal Procedure Code, 1973 praying
for maintenance allowance.
4. I have gone through the statements and averments made in the instant interlocutory
application, more particularly, in Paragraph nos. 4, 5, 7 & 6 thereof.
5. On institution of the application, notice was issued to the opposite party-respondent
and the applicant-revision petitioner was directed to take steps for service of notice through
the registered post with A/D as well as by usual process.
6. As per office note dated 17.07.2025, notice issued to the opposite party-respondent
through the Officer In-Charge, Changsari Police Station, District - Kamrup on 19.05.2025 was
received back after service of notice. It has been reported that the notice was received by
Smti. Jamini Nath, who is the mother of the opposite party-respondent.
7. On perusal of the report of the Officer In-Charge, Changsari Police Station, District -
Kamrup, it is noticed that the notice, routed through the Registry of this Court, was received
by Smti. Jamini Nath, wife of Late Dipak Nath, Village - Changsari Purabi Nagar, Police Station
- Changsari, District - Kamrup, in presence of witness. Both the recipient and the witness
have subscribed their signatures in the duplicate copy of the notice. The opposite party-
respondent was daughter of Late Dipak Nath.
8. Having regard to the provisions contained in Section 64 and Section 66 of the BNSS,
2023, the service of notice upon the opposite party-respondent can be deemed to be served.
It is accordingly observed.
9. Having gone through the statements and averments made in this application, this
Court is of the considered view that the applicant-appellant has been able to explain the
period of delay showing sufficient cause for condonation of delay of thirty-three days in
preferring the accompanying criminal revision petition.
10. In the above view of the matter and the afore-stated reasons, the instant interlocutory
application seeking condonation of delay of thirty-three days in preferring the accompanying
criminal revision petition is allowed.
11. The Registry to register the accompanying criminal revision petition and thereafter, to
list the same in the admission column.
JUDGE
Comparing Assistant
