Citation : 2026 Latest Caselaw 250 Gua
Judgement Date : 20 January, 2026
Page No.# 1/3
GAHC010289572025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./3/2026
SHUKKUR ALI ALIAS SUKUR ALI
S/O MD. HAMED ALI R/O KIRAKARA, P.S. SIPAJHAR P.O DHALPUR
DISTRICT- DARRANG, ASSAM PIN-781022
VERSUS
MONOWARA BEGUM
D/O BABU ALI R/O SATGAON, NAPARA P.S. P.S. SATGAON DISTRICT
KAMRUP M, GUWAHATI ASSAM
Advocate for the Petitioner : DARAK ULLAH, MS A HUSSAIN,SABRISH AHMED
Advocate for the Respondent : ,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 20.01.2026 [M. Choudhury, J]
Heard Ms. A. Hussain, learned counsel for the petitioner.
2. This criminal revision petition is preferred against a Judgment dated 03.10.2025 passed by the Court of learned Principal Judge, Family Court-I, Page No.# 2/3
Kamrup [M], Guwahati ['the Family Court', for short] in F.C.[Crl.] no. 319/2021. By the Judgment dated 03.10.2025, the learned Family Court has directed the opposite party therein, that is, the petitioner herein to pay a monthly maintenance of Rs. 7,000/- to the first party, that is, the respondent herein and Rs. 3,000/- each to the two minor sons from the date of filing of a petition.
3. Ms. Hussain, learned counsel for the petitioner has submitted that the petitioner is presently earning his livelihood by carrying out petty business as vegetable vendor and before the learned Family Court, he claimed his earning as Rs. 15,000/- per month. In view of such earning, the direction to pay the afore-stated monthly maintenance amount is arbitrary and exorbitant. The matter would require consideration.
4. Issue notice, returnable on 02.03.2026.
5. The petitioner shall take steps for service of notice upon the respondent by speed post within 3 [three] working days from today.
6. Before the family Court as mentioned above, the petitioner claimed his earning as Rs. 15,000/- per month as vegetable vendor. The learned Family Court has recorded that the petitioner had been earning Rs. 50,000/- per month as asserted by the respondent, was not countered with acceptable evidence. The learned Family Court taking note of the basic requirements for the livelihood of a woman and her minor child, granted the afore-stated amounts as monthly maintenance.
7. Having regard to the projections made on behalf of the petitioner and the materials on record, it is ordered, in the interim, the petitioner shall henceforth pay a consolidated monthly maintenance amount of Rs. 10,000/- to the Page No.# 3/3
respondent and two minor sons of the petitioner, till the returnable date.
JUDGE JUDGE Comparing Assistant
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