Babul Hussain vs Anisha Khatun on 16 September, 2024

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Gauhati High Court

Babul Hussain vs Anisha Khatun on 16 September, 2024

Bench: Manash Ranjan Pathak

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GAHC010098882023




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

                                Case No. : Crl.Rev.P./185/2023

            BABUL HUSSAIN
            S/O NUR HOQUE ALI
            R/O VILL- NADIAPARA
            P.S. KALGACHIA
            DIST. BARPETA, ASSAM
            PIN-781319

            VERSUS

            ANISHA KHATUN
            D/O MOTALEB ALI
            R/O VILL- TAPESWARA
            P.S. KALGACHIA
            DIST. BARPETA, ASSAM
            PIN-781319



Advocate for the Petitioner   : MR. M H RAJBARBHUIYAN, MS. S RASUL,MRS R CHETRI

Advocate for the Respondent : MR H A RASHID, MR A A DEWAN,S N ULLAH
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                                        BEFORE
            HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

                                        ORDER

16-09-2024 Heard Mr. M. H. Rajbarbhuiyan, learned counsel for the petitioner and Mr. A. A. Dewan, learned counsel for the sole respondent.

2) Both Mr. Rajbarbhuiyan and Mr. Dewan, learned counsels does not have any instruction for long from their respective clients i.e., the petitioner as well as the respondent respectively. Both of them are also not aware as to whether, the petitioner is regularly depositing the monthly maintenance for the sole respondent and their minor child, pursuant to the order of the Principal Judge, Family Court, Barpeta dated 01.03.2023, passed in F.C. (Crl) Case No. 39/2022, nor the respondent informed Mr. Dewan as to whether, she is regularly receiving such maintenance from her husband, i.e., the petitioner.

3) The petitioner filed this criminal revision petition against the said order of the learned Principal Judge, Family Court, Barpeta dated 01.03.2023 on 09.05.2023 and from the records of said F.C. (Crl) Case No. 39/2022 that was called for by order dated 12.05.2023, it is seen that the sole respondent on 17.03.2023 filed a petition under Section 128 CrPC for enhancement of the said order of maintenance of Rs. 5,000/- (Rs.4,000/- to the sole respondent and Rs. 1,000/- to their minor child) dated 01.03.2023.

4) Registry shall obtain a report from the Principal Judge, Family Court, Barpeta, as to whether, the petitioner is regularly paying the maintenance of Rs. 5,000/- (Rs.4,000/- to the sole respondent and Rs. 1,000/- to their minor child) in terms of the order dated 01.03.2023, passed in said F.C. (Crl) Case No. 39/2022 and if so, since when (with the dates).

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5) Further, such maintenance has already been released to the sole respondent or not.

6) Registry shall also obtain up-to-date status report pertaining to the compliance of the order 01.03.2023, from the learned Principal Judge, Family Court, Barpeta relating to said F.C. (Crl) Case No. 39/2022.

7)     List this matter on 23.10.2024.




                                                                      JUDGE




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