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[Cites 2, Cited by 1]

Gauhati High Court

Smti. Padumi Das vs Dipak Das on 24 March, 2021

                                                                                         Page No.# 1/2

GAHC010056892021




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

                                 Case No. : Tr.P.(Crl.)/13/2021

             SMTI. PADUMI DAS
             W/O SRI DIPAK DAS, D/O LATE PANCHANAN BARMAN, HOUSE NO. 32
             BRINDABAN MANDIR PATH, RUPNAGAR, P.S.-BHANGAGARH, DIST-
             KAMRUP(M), ASSAM

             VERSUS

             DIPAK DAS
             S/O LATE CHITRAM DAS, R/O VILL-RAIPUR (BHAGAWATIPARA), MAUZA-
             SARIAH, P.S.-PATACHARKUCHI, DIST-BARPETA, ASSAM



Advocate for the Petitioner    : MS. P DEVI

Advocate for the Respondent :

BEFORE HON'BLE MR. JUSTICE HITESH KUMAR SARMA 24-03-2021 Heard Ms. R. Baruah, learned counsel for the petitioner.

This is an application under Section 407 of the Code of Criminal Procedure, 1973, seeking transfer of the proceedings of M.R. Case No.26/2011 under Section 125 Cr.P.C. pending in the Court of S.D.J.M.(M), Bajali, Pathsala to the Family Court at Guwahati.

Learned counsel for the petitioner has submitted that the maintenance proceeding under Section 125 Cr.P.C. has already been disposed of although the realization proceedings on the monthly maintenance allowance is going on. However, it has been submitted that the Page No.# 2/2 respondent has not been paying the maintenance allowance to the petitioner.

Issue notice to the respondent under registered post with A/D and also through the Officer-in-Charge of the jurisdictional police station.

Steps be taken within five days.

List this matter immediately after service of notice on 8.4.2021.

JUDGE Comparing Assistant