Nazir Hussain Choudhury vs The State Of Assam And Anr
2025 Latest Caselaw 7385 Gua

Gauhati High Court

Nazir Hussain Choudhury vs The State Of Assam And Anr on 17 September, 2025

                                                                        Page No.# 1/2

GAHC010203832025




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

                              Case No. : Crl.Rev.P./372/2025

           NAZIR HUSSAIN CHOUDHURY
           SON OF LATE ABUL HUSSAIN CHOUDHURY
           R/O VILL- BURIBAIL, PART-III,
           P.O. BURIBAIL, P.S. BORKHOLA
           DIST. CACHAR, ASSAM

           VERSUS

           THE STATE OF ASSAM AND ANR
           REP. BY THE PP, ASSAM

           2:NABINA TAHSIN SULTANA CHOUDHURY
            D/O NAZIR HUSSAIN CHOUDHURY
           (REPRESENTED BY HER MOTHER)
           PARVIN SULTANA
            43 YEARS
           D/O LATE AZIZUR RAHMAN
           R/O VILL- WATER WORKS ROAD
            WARD NO. 8
            P.O. AND P.S. SILCHAR
           DIST. CACHAR
            ASSAM
            PIN-788001

Advocate for the Petitioner : MS. R CHOUDHURY, MD. MEMON AHMED,MR. Z.
HUSSAIN,MS. B. HAZARIKA

Advocate for the Respondent : PP, ASSAM,
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                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                      ORDER

Date : 17.09.2025

1. Heard Ms. R. Choudhury, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor appearing for the respondent No. 1.

2. This application under Sections 438/442 of BNSS has been filed by the petitioner, namely, Nazir Hussain Choudhury impugning the judgment and order dated 19.05.2025 passed by the learned Principal Judge, Family Court, Cachar in F.C.(Crl.) Case No. 28/2022 whereby the petitioner was directed to pay the maintenance allowance of Rs.4,000/- to the daughter of the respondent.

3. The petitioner is seeking interference of this Court mainly on the ground that the guidelines of the Apex Court in the case of " Rajnesh Vs. Neha" reported in "(2021) 2 SCC 324" has not been followed in this case.

4. Issue notice to the respondent No. 2.

5. The petitioner shall take steps for issuance of notice upon the respondent No. 2 by the registered post with A/D as well as by usual mode within seven days from the date of this order, returnable after four weeks.

6. The prayer for interim relief would be considered only after due service of notice on the respondent No. 2.

7. List accordingly.

JUDGE

Comparing Assistant