Gauhati High Court
Bimal Mitra vs Ashalata Mitra (Baishya) on 11 December, 2024
Page No.# 1/2
GAHC010256812024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1500/2024
BIMAL MITRA
S/O NIRANJAN MITRA
R/O GS 18812, ,SW. BRO SCHOOL, AND CENTRE DIGHI CAMP, PUNE
MAHARASHTRA, PIN CODE- 411015.
VERSUS
ASHALATA MITRA (BAISHYA)
D/O SRI GOPAL BAISHYA
W/O SRI BIMAL MITRA
R/O PATILADHA KUSHLAIBARI
P.O. PATILADAHA, P.S. MANIKPUR
DIST.BONGAIGAON, ASSAM
Advocate for the Petitioner : MR. S C BISWAS, MS. K L R YANTHAN,MRS R BEGUM,MR P
KATAKI,MS. J GHOSH,MS A BORAH,MS. U NANDA
Advocate for the Respondent : ,
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : --11.12.2024 Heard Mr. P. Kataki, the learned counsel for the petitioner.
2. This is an application u/s 528 of the Bharatiya Nagarik Suraksha Sanhita, Page No.# 2/2 2023 for setting aside and quashing of the entire proceedings u/s 125 Cr.PC and the order dated 29.08.2023 whereby the learned JMFC, Bongaigaon has issued NBWA against the present petitioner in MCR Case No. 42 of 2012.
3. Issue Notice to the sole respondent through registered post with A/D as well as usual process.
4. Call for the scanned copies of the LCR.
5. Further Mr. Kataki submitted that final order was passed in the year 2014 and thereafter the respondent remained absent and accordingly, considering her absence, case was filed by the learned Trial Court below vide order dated 25.02.2022 and thereafter only on 29.08.2023 the respondent filed a petition u/s 125 Cr.PC for execution of the final order dated 20.10.2014 and also prayed for recovery of arrear maintenance and vide order dated 20.12.2023, the learned Court below has issued the NBWA against the present petitioner which is not tenable in the eye of law as the petition was filed only u/s 128 Cr.PC and there is no such provision of issuing of NBWA for recovery of arrear amount. However the respondent could have prayed for recovery of arrear amount under the provision of Section 431 Cr.PC. However, he submitted that he is ready and willing to pay the maintenance allowance before the learned Trial Court below and prayed for stay of the execution of NBWA issued against the petitioner.
6. Considering the prayer made by Mr. Kataki, the learned counsel for the petitioner, let the NBWA issued against the present petitioner be stayed/suspended till next date of listing.
List accordingly after 4 (four) weeks.
JUDGE Comparing Assistant