Gauhati High Court
Asif Ali Mir vs Anjita Baishya Alias Anjuman Mir on 19 March, 2025
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GAHC010057842025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./82/2025
ASIF ALI MIR
S/O- LATE MIR AKRAM ALI, R/O- HOUSE NO 23, BIRUBARI, MASJID ROAD,
BIRUBARI, PO GOPINATH NAGAR, PS PALTAN BAZAR, GUWAHATI 781006
KAMRUP M ASSAM
VERSUS
ANJITA BAISHYA ALIAS ANJUMAN MIR
D/O- DHARMESWAR BAISHYA, R/O- DR JC ROAD, OPP NAMGHAR,
PANBAZAR, KAMRUP M ASSAM 781001
NOW RESIDING AT C/O SRI MITRA BHANU DAS,
FLATNO. 3A/A-19 1ST FLOOR, REGENT PARADISE, BHETA PARA,
GUWAHATI 781028 DIST KAMRUP M ASSAM
Advocate for the Petitioner : S RABHA, MS N DEB,MS. M DEV,MS P DEB
Advocate for the Respondent : ,
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 19.03.2025
Heard Ms. M. Dev, learned counsel for the petitioner challenging the order
dated 20.01.2025 passed by the learned Principal Judge, Family Court, Kamrup
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(Metro), Guwahati in Execution Case No. 138/2017 arising out of F.C. (Criminal)
Case No. 556/2009, directing the petitioner to clear the outstanding arrear.
2. It is submitted that the learned Principal Judge has misinterpreted the
order of this Court dated 22.11.2021 passed in Criminal Revision Petition No.
512/2018 and passed the order without according an opportunity to the
petitioner to file objection against the petition No. 110/2025 of the opposite
party in Execution Case No. 138/2017.
3. In Criminal Revision Petition No. 512/2018, this Court vide order dated
22.11.2021 has observed that :-
"7. Since, F.C. (Crl.) Case No. 556/2009 has been disposed of by a final judgment
and order dated 18.09.2017, passed by the learned Principal Judge, Family
Court, Kamrup, Guwahati, the impugned order dated 21.09.2016, being an
interlocutory order, passed in an application of the respondent No. 2 registered
as Petition No. 401 of 2016 in F.C. (Crl.) Case No. 556/ 2009 having merged
with the final order dated 18.09.2017, passed by the learned Principal Judge,
Family Court, Kamrup, Guwahati in F.C. (Crl.) Case No. 556/ 2009, nothing
remains for further adjudication in the matter.
8. With the above observations, this revision petition stands dismissed on
having become infructuous."
4. Thereafter, on 20.01.2025 the opposite party/wife of the petitioner filed a
petition in the Execution Case No. 138/2017 and the impugned order dated
20.01.2025 was passed by the learned Principal Judge, Family Court-1, Kamrup
(M) at Guwahati, directing the present petitioner to clear the maintenance
amount. Petition No. 110/2025 was filed by the opposite party praying for a
direction to comply with the order passed by this Court in F.C. (Crl.) 556/2009
and the petitioner then stated before that Court that as he was not aware of
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this order in F.C. (Crl.) 556/2009, he has prayed for time for payment of arrear
of maintenance amount at an early date. The next date fixed for payment was
21.02.2025.
5. On 21.02.2025, the respondent was paid Rs.40,000/- (Rupees Forty
Thousand) by the petitioner and the next date for objection on petition 52/2025
and hearing, was fixed on 21.03.2025.
6. It is submitted that the learned Principal Judge, Family Court No. 1,
Kamrup (M), Guwahati has misconstrued the order of this Court in connection
with Criminal Revision No. 512/2018. The petitioner has prayed for stay of the
impugned order dated 20.01.2025 passed by the learned Principal Judge, Family
Court-1, Kamrup (M), Guwahati in Execution No. 138/2017.
7. After considering the submissions, I deem it appropriate to issue notice to
respondent.
8. Petitioner to take steps to issue notice to the respondent by registered
post with A/D as well as through usual process, returnable on 04.04.2025.
9. List accordingly.
JUDGE
Comparing Assistant
