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Showing contexts for: DV case in Page No.# 1/ vs The State Of Asssam And Anr on 11 September, 2025Matching Fragments
1. Heard Mr. D. P. Chaliha, the learned senior counsel assisted by Ms. M. Roy, learned counsel for the petitioner. Also heard Mr. K. Baishya, the learned Additional Public Prosecutor for the State respondent as well as Mr. T. Deuri, learned counsel for the respondent No. 2.
2. This Criminal Petition, under Section 528 of the BNSS read with Article 227 of the Constitution of India has been filed by the petitioner, namely, Sanjib Kumar Deka, impugning the order dated 21.12.2024 passed by the learned Judicial Magistrate First Class, Kamrup(M) at Guwahati in DV Case No. 156/2023 whereby the petitioner was directed to pay an interim maintenance allowance of Rs.23,000/- (Twenty Three Thousand) only to the respondent No. 2 and her daughter.
13. It also appears that as the respondent No. 2 had submitted the affidavit of assets and liabilities on 17.10.2023, the mention of the interim maintenance granted to herby the Family Court is not there.However, in view of the judgment of the Apex Court in the case of "Rajnesh Vs. Neha"(supra), the respondent No. 2 was under a legal obligation to disclose the same in the Page No.# 8/10 proceeding under DV Act (DV Case No. 156/2023) pending before the learned Judicial Magistrate First Class, Kamrup(M). It appears that same was not done in this case.
16. In view of the judgment of the Apex Court in the case of " Rajnesh Vs. Neha"(supra), it was incumbent on the learned Judicial Magistrate to take into account the interim maintenance granted by the Family Court and, thereafter determine the maintenance amount payable to the respondent No. 2 and her minor daughter in the DV Case No. 156/2023. By not doing so, the learned Judicial Magistrate First Class, Kamrup(M) has violated the directions of the Apex Court in the case of " Rajnesh Vs. Neha"(supra) and as such on that count the impugned order dated 21.12.2024 passed by the learned Judicial Magistrate First Class, Kamrup(M) at Guwahati in DV Case No. 156/2023 is liable to be set aside.
17. This Court accordingly set aside the impugned order dated 21.12.2024 passed by the learned Judicial Magistrate First Class, Kamrup(M) at Guwahati in DV Case No. 156/2023.
18. The learned Judicial Magistrate First Class, Kamrup(M) is hereby directed to re-consider the prayer for interim maintenance filed by the respondent No. 2 in DV Case No. 156/2023 afresh in terms of the judgment of the Apex Court passed in the case of "Rajnesh Vs. Neha"(supra).
19. With the above observation, this Criminal Petition is hereby disposed Page No.# 10/10 of.