Gauhati High Court

Page No.# 1/4 vs Nipamoni Baruah Hazarika on 6 June, 2025

                                                                       Page No.# 1/4

GAHC010065522025




                                                                 2025:GAU-AS:7440

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

                                  Case No. : Crl.Pet./656/2025

            HITESWAR HAZARIKA
            S/O- LATE JIBESWAR HAZARIKA, R/O- QTR NO. E-23, TEZPUR
            UNIVERSITY, PO AND PS- TEZPUR, DIST- SONITPUR, ASSAM.



            VERSUS

            NIPAMONI BARUAH HAZARIKA
            D/O- NAREN CHANDRA BARUAH, W/O- SRI HITESWAR HAZARIKA, R/O-
            VILL- BEBEJIA TINIALI, PO BALI PUKHURI TINIALI, PS TEZPUR, DIST-
            SONITPUR, ASSAM, PIN- 784154



Advocate for the Petitioner   : MR. A GANGULY, MR. A DHANUKA

Advocate for the Respondent : ,




                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                           ORDER

Date : 06-06-2025

Heard learned counsel Mr. A. Ganguly for the petitioner, who has filed this application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for setting aside the judgment and order dated 25.11.2024 passed by the learned Sessions Judge, Sonitpur, Tezpur in Criminal Revision Case No. 47 (S-

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4)/2023 whereby the judgment and order dated 10.08.2023 passed by the learned Additional Chief Judicial Magistrate, Sonitpur, Tezpur in M.R. Case No. 162/2014 was upheld and affirmed.

2. The petitioner has been directed to pay an amount of Rs.10,000/- (Rupees Ten Thousand) as monthly maintenance to the respondent from the date of filing of the application.

3. It is submitted on behalf of the petitioner that both the learned Trial Courts failed to follow the binding direction of the Hon'ble Apex Court to the effect that an uniform format of affidavit of disclosure of assets and liabilities is to be filed in all maintenance proceedings by both the parties. The said directions are applicable since 04.11.2010, and yet when the order dated 10.08.2023 was passed by the learned Trial Court, there was no compliance with the said binding directives and on his ground alone, the maintenance order is liable to be set aside.

4. The petitioner has relied on the decision of a Coordinate Bench of this Court in RD vs. SD wherein vide order dated 07.02.2024 in connection with Crl. Pet. No. 120/2024, the case was remanded back after setting aside the order impugned by the petitioner RD that the petitioner and the respondent have not submitted their affidavit relating to their assets and liabilities before the Family Court.

6. Learned counsel for the petitioner has relied on the decision of the Hon'ble Supreme Court Rajnesh Vs. Neha & Anr. reported in (2021) 2 SCC 324 wherein it has been held that :-

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"64. In the first instance, the Family Court in compliance with the mandate of

Section 9 of the Family Courts Act, 1984 must make an endeavour for settlement of the disputes. For this, Section 6 provides that the State Government shall, in consultation with the High Court, make provision for counsellors to assist a Family Court in the discharge of its functions. Given the large and growing percentage of matrimonial litigation, it has become necessary that the provisions of Sections 5 and 6 of the Family Courts Act are given effect to, by providing for the appointment of marriage counsellors in every Family Court, which would help in the process of settlement. If the proceedings for settlement are unsuccessful, the Family Court would proceed with the matter on merits.

65. The party claiming maintenance either as a spouse, or as a partner in a civil union, live-in relationship, common law marriage, should be required to file a concise application for interim maintenance with limited pleadings, along with an Affidavit of Disclosure of Assets and Liabilities before the court concerned, as a mandatory requirement. On the basis of the pleadings filed by both parties and the Affidavits of Disclosure, the court would be in a position to make an objective assessment of the approximate amount to be awarded towards maintenance at the interim stage."

7. I have scrutinized the decision of the Trial Court which has been upheld by the learned Appellate Court i.e. the learned Sessions Judge, Tezpur, Sonitpur.

8. In the light of the decisions of the Hon'ble Supreme Court in Rajnesh (supra) as well as the order dated 07.02.2024 by a Coordinate Bench of this Court in Crl. Pet. 120/2024, I deem it appropriate to set aside the judgment and order dated 25.11.2024 passed by the learned Sessions Judge, Sonitpur, Tezpur Page No.# 4/4

in Criminal Revision Case No. 47 (S-4)/2023 whereby the judgment and order dated 10.08.2023 passed by the learned Additional Chief Judicial Magistrate, Sonitpur, Tezpur in M.R. Case No. 162/2014 was upheld and affirmed, and remand back the case to be decided after both the parties submit their affidavit of disclosure of assets and liabilities.

9. In the result, the judgment and order dated 25.11.2024 passed by the learned Sessions Judge, Sonitpur, Tezpur in Criminal Revision Case No. 47 (S-

4)/2023 and judgment and order dated 10.08.2023 passed by the learned Additional Chief Judicial Magistrate, Sonitpur, Tezpur in M.R. Case No. 162/2014, are set aside and the petitioner is directed to appear before the learned Trial Court within one month and both the parties are directed to submit their affidavit of disclosure of assets and liabilities and thereafter, the matter shall be heard by the learned Trial Court after considering the disclosure of assets and liabilities submitted by both the parties.

10. If any payment already made by the petitioner in view of the impugned order, the same has to be adjusted against the order passed on maintenance.

11. In terms of the above observation, this petition stands disposed of.

JUDGE

Comparing Assistant