Gauhati High Court
Page No.# 1/2 vs Smti Meenakshi Nair (Borah) on 30 July, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/2
GAHC010148482025
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./282/2025
SHRI SACHIN NAIR
SON OF SHRI ACHUTAN K, R/O SHANTINAGAR SOCIETY, OPP
ARUNACHAL BUS STOP, P.S. GORWA, P.O. SUBHANPURA, GUJRAT, PIN-
390023.
VERSUS
SMTI MEENAKSHI NAIR (BORAH)
WIFE OF SRI SACHIN NAIR,R/O C/O HOMESWAR DEKA, H. NO. 2, BYE
LANE NO. 7, GANESH MANDIR PATH, GUWAHATI-781020,P.S. DISPUR, DIST.
KAMRUP (M), ASSAM
Advocate for the Petitioner : MR. B DEKA, S AZIZ,MS P BARUAH
Advocate for the Respondent : ,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
30.07.2025
Heard Mr. B. Deka, learned counsel for the petitioner.
In this criminal revision petition, the petitioner has laid challenge to a Judgment dated
04.04.2025 passed by the Court of learned Principal Judge, Family Court no. I, Kamrup [M],
Guwahati in F.C.[Crl.] no. 633/2013. The case, F.C.[Crl.] no. 633/2013 was registered on an
application preferred by the respondent herein under Section 125, Code of Criminal Procedure
[CrPC] praying for maintenance allowance.
Initially, the learned Family Court granted a sum of Rs. 10,000/- as interim maintenance
Page No.# 2/2
allowance. Subsequently, the interim maintenance allowance was enhanced to Rs. 14,667/-.
By the impugned Judgment dated 04.04.2025, the learned Family Court while finally
disposing of the application under Section 125, CrPC, has directed the respondent who was
the petitioner herein, to pay monthly maintenance allowance of Rs. 15,000/- to the
respondent-wife and Rs. 10,000/- to the minor son, that is, Rs. 25,000/- in total, from the
date of filing of the application.
Mr. Deka, learned counsel for the petitioner has submitted that the direction to enhance
monthly maintenance amount since the date of filing of the application is harsh. The
petitioner was diligently paying interim maintenance allowance to the respondent as per the
direction of the learned Family court and till date, he has paid more than Rs. 15 lakh as
interim maintenance allowance.
I have perused the statements and averments made in the criminal revision petition.
The matter would require consideration.
Issue notice, returnable in 4 [four] weeks.
The petitioner shall take steps for service of notice upon the respondent by registered
post with A/D as well as by usual process within 3 [three] working days from today.
Heard the learned counsel for the petitioner on the interim prayer.
It is noticed that the learned Family Court after appreciation of the evidence on record,
has observed that the petitioner would pay Rs. 25,000/- whereas the income of the
respondent, who is an educated lady, is about Rs. 46,000/-. Having considered the above
factors, this Court is of the view that the petitioner shall continue to pay the monthly
maintenance allowance as directed by the learned Family Court in its Judgment dated
04.04.2025. However, it is ordered, in the interim, that the part of the Judgment wherein the
learned Family Court has directed to pay the arrear amount @ Rs. 25,000/- since the date of
filing of the petition shall remain suspended till the returnable date. This interim order is
made subject to outcome of the present petition.
List the case after 4 [four] weeks.
JUDGE
Comparing Assistant
