Monirul Islam vs The State Of Assam And Anr
2025 Latest Caselaw 1366 Gua

Gauhati High Court

Monirul Islam vs The State Of Assam And Anr on 22 July, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                                 Page No. 1/3

GAHC010156112025




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

                                 Case No. : Crl.Pet./862/2025

            MONIRUL ISLAM
            S/O. LATE AKKAS ALI,
            R/O. VILL. DIMAPUR,
            P.S. KALGACHIA,
            DIST. BARPETA, ASSAM.

            VERSUS

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

            2:NAZMA SULTANA
             D/O. NURUL AMIN
            R/O. VILL. BOLAIPATHAR
            MAUZA RUPSHI
            P.S. KALGACHIA
            DIST. BARPETA
            ASSAM
            PIN 781319

Advocate for the Petitioner   : MR A K AZAD, MR. I HUSSAIN

Advocate for the Respondent : PP, ASSAM,

                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

Date : 22.07.2025

Heard Mr. A.K. Azad, learned counsel for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.

2. In this criminal petition, filed under Section 528, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023, the petitioner has assailed a Judgment dated 10.06.2022 whereby the learned Family Court in a petition preferred under Section 125, CrPC had granted maintenance allowance of Rs. 5,000/- per month to the first party therein, that is, the respondent no. 2 herein.

3. It is noticed that Section 19[1] of the Family Courts Act, 1984 is with a non-obstante clause and it has inter-alia provided that notwithstanding anything contained in the Code of Criminal Procedure, 1973 or in any other law, an appeal shall lie from every Judgment or Order, not being an interlocutory order, of a Family Court to the High Court both on facts and on law. Every appeal under Section 19[1] of the Family Courts Act shall be preferred within a period of 30 days from the date of the Judgment or Order of the Family Court.

4. Even it is assumed that the Judgment dated 10.06.2022 is revisable then as per Article 115 of the Limitation Act, a revision petition is to be filed to the High Court within 60 days from the date of the Judgment.

5. Issue notice, returnable in 4 [four] weeks.

6. The learned counsel for the petitioner has to make submissions on the point of maintainability of the petitioner on the returnable date.

7. As Mr. Baruah has appeared and accepted notice in respect of the respondent no. 1, issuance of formal notice in respect of the said respondent stands dispensed with. The learned counsel for the petitioner shall serve an extra copy of the petition along with annexures, to Mr. Baruah within 3 [three] working days from today.

8. The petitioner shall take steps for service of notice upon the respondent no. 2 by registered post with A/D as well as by usual process within 3 [three] working days from today.

9. List the case after 4 [four] weeks.

JUDGE

Comparing Assistant