Gauhati High Court
Page No.# 1/9 vs The Principal Judge And Anr on 26 May, 2025
Page No.# 1/9
GAHC010194892023
2025:GAU-AS:6676
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5116/2023
SMTI. (DR) JUTITARA DAS
D/O- LATE NIBARAN DAS, W/O- DR. MITHU TERON PERMANENT
ADDRESS- HOUSE NO. 2, DWARAKA NAGAR, NAVODAY PATH, GUWAHATI,
P.O. KHANAPARA, DISTRITC- KAMRUP (METRO), ASSAM, EMAIL ID-
[email protected], PH NO- 86384-84623 REPRESENTED BY HER
MOTHER- SMT. MANOMATI DAS, (AGED ABOUT 60 YEARS) W/O- LATE
NIBARAN DAS, PERMANENT ADDRESS- HOUSE NO. 2, DWARAKA NAGAR,
NAVODAY PATH, GUWAHATI, P.O. KHANAPARA, DISTRITC- KAMRUP
(METRO), ASSAM, EMAIL ID- [email protected], PH NO- 86384-
84623
VERSUS
THE PRINCIPAL JUDGE AND ANR
FAMILY COURT, ULUBARI, GUWAHATI, KAMRUP (METRO), ASSAM- 781007
2:DR. MITHU TERON
S/O- LATE MANESWAR TERON
R/O- ERAGAON
WARD NO.6 PERMANENT ADDRESS- SIXMILE
VIP ROAD
RADHA NAGAR
SHANTI PATH
P.O. KHANAPARA
DISTRICT- KAMRUP (M)
ASSAM- 781022 PRESENT ADDRESS- NEMCARE HOSPITAL
NEW BUILDING
1ST FLOOR
OPD (DR. MITHU TERON)
GUWAHATI
ASSAM- 781005
MOBILE NO. 87248-3592
Page No.# 2/9
Advocate for the Petitioner : MR. B D KONWAR SR. ADV., MS S JAIN,MRS J M
KONWAR,MR J SINGH,MR P DOLEY
Advocate for the Respondent : MR H K DAS, MS ANKITA SAHARIA (r-2),MR S PAUL,MR. A
BHATTACHARJEE (r-2),MR. A BHATTACHARYA (r-2),SC, GHC
Linked Case : Crl.Pet./1510/2024
DR. MITHU TERON
S/O LATE MANESWAR TERON
PERMANENT RESIDENT OF SHANTI PATH
RADHA NAGAR
VIP ROAD
SIX MILE GUWAHATI 781022
DIST KAMRUP M ASSAM
VERSUS
DR. JUTITARA DAS
W/O DR. MITHU TERON
D/O LATE NIBARA DAS
RESIDENT OF HOUSE NO. 2
DWARAKA NAGAR
NAVODAY PATH
GUWAHATI
PO KHANAPARA
DIST KAMRUP M ASSAM
REPRESENTED BY HER MOTHER SMTI. MANOMATI DAS
------------
Advocate for : MR. A BHATTACHARJEE
Advocate for : appearing for DR. JUTITARA DAS
BEFORE
THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
Page No.# 3/9
ORDER
26.05.2025
1. Heard Ms. S Jain, learned counsel for the petitioner in WP(C) 5116/2023 and for the respondent in Crl Pet 1510/2024. Also heard Mr. A Bhattacharya, learned counsel for the respondent No. 2 in WP(C) 5116/2023 and for the petitioner in Crl Pet 1510/2024. Also present Mr. MK Sarma, learned counsel on behalf of Mr. H K Das, learned standing counsel for the GHC in WP(C) 5116/2023.
2. The petitioner, who is presently in a physically paralyzed and decrepit condition, filed this writ petition by her mother. Respondent No. 2 is the husband of the petitioner.
3. The present petition is filed with a prayer to allow the mother of the petitioner to sign and file a petition under Section 125 of the Code of Criminal Procedure, 1973 on behalf of the petitioner and to do all act in that regard and to represent the petitioner before the learned Family Court inasmuch as the petitioner is in a physically paralyzed and decrepit condition who is not in a position to file such petition.
4. The facts available on record are required and as follows.
5. The petitioner is in a paralyzed stage and she requires certain treatments and medical facilities. Alleging domestic violence etc., the petitioner filed an application alleging domestic violence by the respondent husband which was registered Misc. DV Case No. 243 m/2022. In the said case, the petitioner claimed the following:-
(a) Two home Nurses to provide round the clock assistance to the aggrieved,
(b) Speech Therapist, Page No.# 4/9
(c) Physiotherapist,
(d) Consultancy with Dr. Nirmal Surya (Bombay) once or twice in 3 months,
(e) As prescribed by doctor Botox is to be given to the aggrieved and also hips surgery is to be done at the earliest &
(f) Miscellaneous expenses of Rs. 40,000/- per month.
6. The learned Magistrate by its order dated 11.07.2024, considering the claim of the petitioner, as well as written submission made by the respondent husband to the effect that the respondent husband can make necessary arrangement for medical requirement of the aggrieved person regarding serial No. 1 to 4 (as recorded hereinabove) and also considering the objection as regards serial No. 5 hereinabove and claim of miscellaneous expense of Rs. 40,000/- per month and also taking note of relevant factors, passed an interim order of maintenance. The relevant consideration is quoted herein below:-
"...... On the otherhand, the learned counsel for the respondent has verbally submitted that the respondent is a Doctor working in a private Hospital at Guwahati and he is aware of the medical condition of the aggrieved. So the respondent is ready to bear the expenses of the aggrieved regarding her medical treatment and as the aggrieved party has also submitted medical documents regarding Botox and hips surgery (as prescribed by doctor) of the aggrieved so he is also ready to bear the expenses of Botox and hips surgery. The learned counsel further submitted that the respondent is not in a position to pay the miscellaneous expenses of Rs. 40,000/- per month as prayed by the aggrieved, as the respondent has to bear the expenses of their daughter and he has multiple other liabilities as shown in his affidavit of assets and liabilities.
The purpose of insertion of Section 23 to the PWDV Act is to Page No.# 5/9 prevent the aggrieved person form going into a state of helplessness and destitution, during the pendency of the case. That is why, the Court has been empowered to grant interim reliefs to the aggrieved person.
In the instant case, it appears that the aggrieved person is the legally married wife of the respondent and one child was born out of their wedlock. Further, it appears that the aggrieved is in a vegetative state and she has been undergoing medical treatment regarding her medical condition. However, the respondent committed acts of Domestic Violence against the aggrieved and has been willfully neglecting to pay her any maintenance.
Further, learned counsel for the aggrieved person has been successful to impress upon the Court, the urgent necessity for granting interim relief to the aggrieved person.
It seems that the respondent is an able bodied person, physically fit and he is a Doctor by profession. Further, from the perusal of the affidavit of assets and liabilities along with annexure of both the parties, it appears that respondent's monthly income is approximately Rs. 2,50,000/-, Therefore, after hearing the submission of both the sides and considering all aspects of the matter and also considering the affidavit on assets and liabilities of both the parties, with a view to ensure that the aggrieved does not become destitute during the pendency of the case, this Court is inclined to grant interim relief to the aggrieved person. As the respondent has voluntarily agreed to bear the medical expenses of the aggrieved person, as such the respondent is hereby directed to provide following medical facilities:
1. The respondent will provide Two Home Nurses for round the clock assistance of the aggrieved.
2. The respondent will make necessary arrangement of Speech Therapist for the aggrieved.
3. The respondent will make necessary arrangement of Page No.# 6/9 Physiotherapist for the aggrieved.
4. The respondent will make necessary arrangement for the aggrieved regarding consultancy with Dr. Nirmal Surya (at Bombay) once or twice in 3 months.
5. The respondent will make necessary arrangement and bear the expenses of Botox and hips surgery (as prescribed by the Doctor) of the aggrieved.
The respondent is further directed to pay a monthly allowance of Rs. 15,000/- (Rupees Fifteen Thousand Only) for the interim maintenance of the aggrieved payable by the 10th day of each month.
The said monthly allowance shall be payable from the date of filing of the interim maintenance petition.
The prayer is hereby allowed.
Fixing 16/08/2024 for PW evidence".
7. The respondent husband being aggrieved by the aforesaid order, preferred an appeal before the Appellate Court and it is submitted that the appellate authority, though issued notice, however, refused to stay the order passed by the Magistrate except reduction of the payment of monthly allowance.
8. At that stage, the respondent husband had preferred Criminal Petition registered as Criminal Petition No. 1510/2024 assailing the entire DV proceeding and for quashment of the same. A Co-ordinate bench under its order dated 12.12.2024 stayed the entire proceeding of the DV Case No. 243m/2022, which is quoted herein below:-
"12.12.2024 Page No.# 7/9 Heard Mr. A. Bhattacharjee, learned counsel for the petitioner.
Issue Notice to the sole respondent.
Petitioner shall take steps for service of notice on the respondent by registered post with A/D and other usual process.
List after 4 [four] weeks.
The further proceeding of Misc. DV Case No. 243m/2022, pending in the court of the Judicial Magistrate First Class, Kamrup(M), Guwahati shall remain stayed until further order.
It is further directed that the petitioner shall continue to pay Rs.10,000/- per month to the respondent along with the medical expenses of the respondent until further order".
9. It was alleged that taking advantage of such an order, the husband has refused to comply with the order of Magistrate dated 11.07.2024. In the aforesaid backdrop, it is contended in the present proceeding that having no alternative, and having being unable to maintain herself and her treatment, the petitioner again approached before the learned Family court, seeking maintenance, however, as the petitioner is not even in a position to sign the necessary papers and her condition is in the meantime deteriorated being without proper medical treatment and therefore, her mother should be allowed to file the maintenance petition for her as guardian.
10. By an administrative order, the Hon'ble Chief Justice directed that the Crl Pet 1510/2024 be tagged with WP(C) 5116/2023 and it was further directed that the matters be listed before this Bench. Accordingly, both the petitions i.e. WP(C) 5116/2023 and Crl Pet 1510/2024 are tagged together and listed today.
Page No.# 8/9
11. At this stage, the learned counsel for the parties submit that a compromise has been arrived at between the parties in the proceeding of Crl. Appl No. 97/2024 and accordingly a joint prayer is made that both the petitions be closed in term of compromise arrived at by the parties. Since the parties have sought for disposal of these petitions in term of compromise arrived at in the proceeding of Crl. Appl No. 97/2024, which is reflected in the order dated 06.05.2025, said order is quoted hereinbelow:
"06.05.2025
1. Both parties are represented.
2. Today, date has been fixed for order on petition No. 850/24.
3. By the said petition, both the parties have compounded the case outside the court and the appellant Dr. Mithu Terron has agreed to pay monthly maintenance of Rs. 70,000/- towards medical and other expenses and an amount of Rs. 30,000/- towards the pending arrear of Rs. 3,00,000/-. Apart from this, if the victim requires any operation in future, the appellant shall bear 50% of the medial expenses.
4. In view of the above compromise, both the parties have agreed to withdraw the D.V. case No. 243/2022 pending before the learned Trial Court and also other legal disputes between the parties.
5. Heard the learned counsels representing both the sides on compromise as well as the terms of the compromise.
6. It appears that both the parties have already settled their differences and disputes and as such prayed to dispose this appeal on the basis of prayer of compromise.
7. There is no impediment in allowing the prayer of petition bearing No. 850/24 dated 22.04.2025. As such, prayer made in the petition is allowed. The present appeal stands dismissed and disposed of on compromise.
8. Since the parties have already settled their dispute amicably and as such, the Page No.# 9/9 learned Trial Court is directed to dispose of the present case on the basis of compromise between the parties.
9. Send a copy of this order to the learned Trial court.
10. The instant appeal stands disposed of on compromise."
12. Accordingly, as agreed to by the parties, both the petitions stand closed in term of the compromise arrived at and reflected in the order dated 06.05.2025 passed in Crl Appl No. 97/2024.
JUDGE Comparing Assistant