Sri Ashanur Ahmed vs Smti Mamoni Biswas
2025 Latest Caselaw 8502 Gua

Gauhati High Court

Sri Ashanur Ahmed vs Smti Mamoni Biswas on 12 November, 2025

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GAHC010241072025




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

                                  Case No. : Crl.Rev.P./457/2025

             SRI ASHANUR AHMED
             SON OF NASIR AHMED, RESIDENT OF SUNDARBARI, P.O.GAUHATI
             UNIVERSITY, P.S. JALUKBARI DIST KAMRUP (METRO), ASSAM-781104



             VERSUS

             SMTI MAMONI BISWAS
             RESIDENT BBC COLONY, MALIGAON, PANDU, GUWAHATI-12, DIST
             KAMRUP (METRO), ASSAM



Advocate for the Petitioner   : MR. R DE, MR. R B SAH,MS. D PATHAK

Advocate for the Respondent : ,




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                            ORDER

12.11.2025

1. Heard Mr. R. De, learned counsel for the petitioner.

2. This application under Section 438 of BNSS has been filed impugning the judgment and order dated 29-07-2025 passed by learned Principal Judge, Family Page No.# 2/2

Court-1, Kamrup (M) in F.C. Criminal Case No. 382/2022, whereby, the petitioner was directed to pay a monthly maintenance amount of Rs. 7,000/- to the respondent and Rs. 3,000/- per month to her minor son.

3. The contention of the petitioner is that the respondent was not a legally married wife of the petitioner and they never stayed together as husband and wife and the aspect was not taken into consideration by the trial Court.

4. Issue notice to the respondent.

5. The petitioner shall take steps for issuance of notice upon the respondent by speed post as well as by usual mode within 7(seven) days from the date of this order.

6. Returnable on 02.12.2025.

7. The prayer for interim relief would be considered after due service of notice of the respondent.

JUDGE

Comparing Assistant