Page No.# 1/3 GAHC010108882025 2025:GAU-AS:6563 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./602/2025 SRI BINOD BASFOR S/O- LATE SAJAN BASFOR,R/O-BABUPARA,P.O AND P.S-BARPETA ROAD,WARD NO-07,ASSAM-781315 VERSUS SMTI BABITA BASFOR W/O- BINOD BASFOR,R/O-GOHPUR CIVIL CAMPUS,P.S-GOHPUR,DIST- BISWANATH, ASSAM Advocate for the Petitioner : MR B KAUSHIK, MR. S HAZARIKA,K BHARALI Advocate for the Respondent : , BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 23-05-2025 Heard learned counsel Mr. B. Kaushik for the petitioner, who has filed this application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 482 of Code of Criminal Procedure, 1973 challenging the legality and validity of the impugned ex-parte final order dated 26.12.2024 Page No.# 2/3 passed in M.R. Case No. 18/2023 by the learned JMFC, Gohpur, Biswanath against the petitioner. 2. Vide the above order, the petitioner was directed by the learned Trial Court to pay a maintenance of Rs.4000/- (Rupees Four Thousand) to the respondent X and Rs.3000/- (Rupees Three Thousand) for the maintenance of his minor son. 3. The petitioner is aggrieved by the order that the petitioner’s wife i.e. the respondent X has already entered into marriage with another person in the year 2019. The respondent X has concealed the facts of her second marriage with another person and has brought up this case against the petitioner and has also adduced evidence against the petitioner. 4. The petitioner has annexed the agreement executed between the petitioner and the respondent X, vide Annexure-3 which clearly reveals that both the parties have amicably parted ways as the respondent is married to another person. Annexure-2, are the photographs of the respondent along with her present husband and the petitioner’s child. 5. The petitioner is willing to appear before the learned Trial Court and contest the proceeding and file a written statement placing the present facts and circumstances as he is not willing to pay the maintenance of Rs.4000/- (Rupees Four Thousand) to the respondent X, who has deserted him and has entered into second marriage. 6. I have scrutinized the Annexures – 2 and 3. It appears that the petitioner ought to be accorded an opportunity to contest the proceeding of M.R. Case No. Page No.# 3/3 18/2023 by filing his written statement and adducing evidence in support of his pleadings. 7. Thereby, I deem it appropriate to direct the petitioner to appear before the learned Trial Court and contest the proceeding of M.R. Case No. 18/2023 by filing written statement and by adducing evidence in support of his written statement before the learned Trial Court. Thereby, the order dated 26.12.2024 in M.R. Case No. 18/2023 qua the respondent is set aside. 8. The petitioner may continue payment of maintenance @ Rs.3000/- (Rupees Three Thousand) to his minor child until any order is passed by the Trial Court relating to the maintenance prayed for by the respondent. 9. In terms of the above observation, this petition stands disposed of. JUDGE Comparing Assistant