Page No.# 1/4 GAHC010251762023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./529/2023 RABIYA KHATUN @ RABIA BIBI W/O MD. AKSED ALI R/O NATUN DEOCHAR P.S. BOKO DIST. KAMRUP, ASSAM PRESENTLY RESIDING AT VILL- MOIRAPUR, P.S.PALASHBARI DIST. KAMRUP, ASSAM PHONE NO. 9859043615 VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:MD. AKSED ALI S/O LT. KAZIMUDDIN HAJI R/O MOHIMARI P.O. TUKRAPARA P.S. CHHAYGAON DIST.KAMRUP ASSAM PIN-781137 3:SHAHAR BHANU W/O LATE AKSED ALI R/O VILL.- MOHIMARI P.O.- TUKRAPARA P.S.- CHHAYGAON DIST.- KAMRUP ASSAM PIN- 781117. Page No.# 2/4 4:SHAH ALOM S/O LATE AKSED ALI R/O VILL.- MOHIMARI P.O.- TUKRAPARA P.S.- CHHAYGAON DIST.- KAMRUP ASSAM PIN- 781117 Advocate for the Petitioner : MR. A ALI, S ALI,MR. Y ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 27-01-2026 Heard Mr. A. Ali, learned counsel for the petitioner and Ms. S.H. Bora, learned Additional Public Prosecutor for the respondent State. 2. This criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 read with Article 227 of the Constitution of India is preferred seeking modification of an Order dated 05.08.2023 passed by the Court of learned Principal Judge, Family Court, Kamrup [M] [‘the Family Court’, for short] in F.C.[Crl.] Case no. 698/2019. The petitioner had preferred an application under Section 125, CrPC read with Section 7 of the Family Courts Act, 1954 seeking maintenance from her husband, Aksed Ali. By the Order dated 05.08.2023, the learned Family Court directed the opposite party therein, that is, Aksed Ali to pay a sum of Rs. 10,000/- per month as interim maintenance from the date of the said Order. Aggrieved by the fact that the Order for interim maintenance was made effective from the date of the Order dated 05.08.2023 instead of the date of the application, the petitioner had Page No.# 3/4 preferred the present criminal revision petition. 3. During the pendency of the present criminal revision petition, Aksed Ali expired on 04.11.2024. Thereafter, the petitioner had brought the respondent nos. 3 & 4 on record as the legal representatives of the respondent no. 2, Aksed Ali. The respondent nos. 3 & 4 are the first wife of Aksed Ali and her son. 4. When the matter of demise of Aksed Ali was brought to the notice of the learned Family Court, the learned Family Court on 06.01.2025, had closed the proceedings of F.C.[Crl.] Case no. 698/2019. While closing the proceedings of F.C.[Crl.] Case no. 698/2019 by Order dated 06.01.2025, the learned Family Court had taken note of the fact that during his lifetime, Aksed Ali did not comply with the Order of interim maintenance passed on 05.08.2023 and as a result, an amount of Rs. 1,50,000/- had accumulated as arrear interim maintenance allowance. The learned Family Court had observed that the petitioner would be entitled to get her arrear maintenance allowance either from the pensionary benefits of Aksed Ali as he was a Government servant or from the movable properties of Aksed Ali. 5. Since the proceedings of F.C.[Crl.] Case no. 698/2019 has been closed on 06.01.2025, the present criminal revision petition, which arose out of the proceedings of F.C.[Crl.] Case no. 698/2019, cannot survive. It is, therefore, closed. 6. In so far as the submission of the petitioner regarding arrear maintenance is concerned, it is found that by the Order dated 06.01.2025, the Family Court had already directed to register an execution case by bringing the legal heirs of Aksed Ali on record and to issue notice to them for payment of the arrear Page No.# 4/4 maintenance allowance. The petitioner is, therefore, entitled to take part on the execution proceeding directed to be initiated in terms of the Order dated 06.01.2025. 7. A copy of the Order dated 06.01.2025 passed by the learned Family Court in F.C.[Crl.] Case no. 698/2019, is kept with the case record by marking it as ‘X’. JUDGE Comparing Assistant