Gauhati High Court
Hitesh Deka @ Mushahari vs Smt. Jinu Deka on 1 June, 2022
Author: Rumi Kumari Phukan
Bench: Rumi Kumari Phukan
Page No.# 1/2
GAHC010098382022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./455/2022
HITESH DEKA @ MUSHAHARI
S/O SRI GOLAP DEKA
R/O VILL- NO. 2, BATABARI, MOUZA- BARSILAJHAR, P.S. ROWTA
DIST. UDALGURI, BTC, ASSAM,
PIN-784509
VERSUS
SMT. JINU DEKA
W/O SRI HITESH DEKA @ HITESH MUSHAHARI
R/O VILL- NO. 2, BATABARI, MOUZA- BARSILAJHAR, P.S. ROWTA
DIST. UDALGURI, BTC, ASSAM- 784509
Advocate for the Petitioner : MR. Y S MANNAN
Advocate for the Respondent :
:: BEFORE ::
HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
01.06.2022 The order of the learned revisional court dated 27.02.2020 passed in Crl.
Page No.# 2/2 Revision No.5/2017 has been challenged by way of this petition under Section 482 CrPC, whereby the court has granted maintenance to the respondent wife whereas the learned trial court has not provided the same considering the ground of adultery and her capacity to maintain herself by her own income.
Heard the submission of the learned counsel for the petitioner and also gone through the documents as well as the impugned orders passed by both the courts below.
Let notice be issued to the sole respondent by registered post with A/D and usual process, returnable by 4(four) weeks.
Call for the legible scanned copy of the LCRs in respect of Crl. Revision No.5/2017 and M.R. Case No.21/2015 from both the forums i.e. learned Sessions Judge, Udalguri as well as learned SDJM(S), Udalguri, BTAD, Assam.
List after four weeks.
Considering all entirety, till returnable date, the petitioner will continue to pay the amount of Rs.5,000/- every month to his daughter.
JUDGE Comparing Assistant