Gauhati High Court
Ishaan Saikia vs Nayanmoni Saikia on 30 July, 2024
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GAHC010124402024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./860/2024
ISHAAN SAIKIA
S/O BUBUL SAIKIA
R/O VILL- JAMKHOLA
P.S. ULUMONI
DIST. NAGAON, ASSAM
VERSUS
NAYANMONI SAIKIA
D/O SRI DILIP SAIKIA
VIL- JAMKHOLA
P.S. ULUONI
DIST. NAGAON, ASSAM
Advocate for the Petitioner : MRS R BEGUM
Advocate for the Respondent :
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 30.07. 2024 Heard Mr. P. Kataki, learned counsel for the petitioner. This is an application under Section 528 of BNSS, 2023 filed by the petitioner challenging the legality and validity of the order dated 29.05.2024, passed by the learned Page No.# 2/2 Judicial Magistrate , First Class, Nagaon in DV Case No. 377/2017.
It is submitted by Mr. Kataki, the learned counsel for the petitioner that there is no such provision under Section 128 Cr.P.C. for recovery of money by keeping the person in jail and the order for recovery of the maintenance, one has to take recourse of Section 431 Cr.P.C. where the provisions are provided for recovery of money.
Considering the above, issue notice to the respondent. The notice is made returnable within two weeks from today. Steps be taken by registered post with A/D as well as usual process within three days. Also call for the scanned copy of the LCR.
JUDGE Comparing Assistant