Prasant Garg vs Chandrama Baruah
2025 Latest Caselaw 1408 Gua

Gauhati High Court

Prasant Garg vs Chandrama Baruah on 23 July, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010116372025




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

                                Case No. : I.A.(Crl.)/619/2025

            PRASANT GARG
            S/O PRABIN SARMAH
            R/O RAHA METEKA P.S. RAHA
            DIST. NAGAON, ASSAM
            PIN-782103



            VERSUS

            CHANDRAMA BARUAH
            W/O PRASANT GARG,
            D/O LATE PHATIK BARUAH
            R/O AAMAR PATH, HOUSE NO. 6 BYE LANE NO. 5, DAKHINGAON ROAD,
            KAHILIPARA, P.S. DISPUR,
            DIST. KAMRUP (M), ASSAM
            PIN-781019



Advocate for the Petitioner   : G UDDIN, P ADHIKARI

Advocate for the Respondent : MRS. R S CHOWDHURY, MR. R DAS,MS. G DAS




             Linked Case : OTC/0/0

            PRASANT GARG
            RAHA METEKA RAHA NAGAON ASSAM
                                                                                   Page No.# 2/3

             VERSUS

            CHANDRAMA BARUAH
            HOUSE NO 6 BY LANE NO 5 DAKSIN GAON KAHILIPARA KAMRUP METRO
            ASSAM


            ------------
            Advocate for : MR ABUL KALAM AZAD
            Advocate for : appearing for CHANDRAMA BARUAH



                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

Date : 23.07.2025

Heard Ms. P. Adhikari learned counsel for the applicant-petitioner and Ms. R.H. Choudhury, learned counsel for the opposite party-respondent.

2. The instant application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 42 days, stated to have occurred in preferring the accompanying criminal revision petition under Section 438 and Section 442 of the Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 against a Judgment dated 06.11.2024 passed by the learned Principal Judge, Family Court no. III, Kamrup [Metro], Guwahati in F.C. [Criminal] Case no. 389/2022 on a petition filed under Section 125, CrPC. By the Judgment dated 06.11.2024, the learned Family Court has directed the petitioner to pay an amount of Rs. 8,000/- per month to the opposite party-respondent.

3. I have gone through the statements and averments made in the instant interlocutory application, more particularly, Paragraph - 3 & 4 thereof.

4. Ms. Choudhury, learned counsel appearing for the opposite party-respondent has submitted that though the Judgment was rendered on 06.11.2024, the petitioner has not paid any amount to the opposite party till date in compliance of the direction passed therein. Ms. Choudhury is also fair in her submission that if the opposite party-respondent has no objection if the accompanying criminal revision petition is heard on merits after condoning the Page No.# 3/3

period of delay.

5. Having regard to the statements and averments made in the instant interlocutory application, this Court is of the view that the applicant-petitioner has provided certain explanations for the period of delay. As the subject matter in the accompanying criminal revision petition is provision for monthly maintenance, this interlocutory application is allowed, subject to payment of a sum of Rs. 1,000/- as cost to the opposite party, within a period of seven days from today.

6. The Registry to register the accompanying criminal revision petition on compliance of the above condition and, thereafter, to list the same.

7. The learned counsel for the applicant-petitioner shall furnish a copy of the accompanying criminal revision petition to Ms. Choudhury, learned counsel for the opposite party-respondent at the time of making payment of the sum of Rs. 1,000/- in the form of an account payee cheque.

JUDGE

Comparing Assistant