Page No.# 1/3 GAHC010114162025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./635/2025 MD MEHBUB ALI S/O - MD. MAJID ALI R/O- MOHGARH, GUMMI, P.O.- AGGUMI, P.S.- CHHAYGAON, DISTRICT - KAMRUP, ASSAM VERSUS MS ANJUWARA BEGUM D/O - AKAN ALI W/O - MEHBUB ALI R/O- MOHGARH, GUMI P.O. - AGGUMI, P.S.- CHHAYGAON, DISTRICT - KAMRUP (ASSAM), PIN - 781137 Advocate for the Petitioner : MR. D P BORAH, MR U GHOSH Advocate for the Respondent : , BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 05.06.2025 1. Heard learned counsel Mr. D. P. Borah for the petitioner who has filed this application under Section 528 of the BNSS, 2023 with prayer for setting aside the Judgment and Order dated 06.11.2024 passed in F.C. (Crl.) Case No. Page No.# 2/3 587/2022. 2. The petitioner is aggrieved by the ex-parte Judgment and Order passed in favour of the respondent 'X'. The petitioner was directed to pay monthly maintenance of Rs. 10,000/- @ Rs. 5,000/- each to the respondent 'X' and her minor daughter. It is further submitted that the respondent has not submitted his affidavit as mandated by the guidelines laid down in Rajnesh Vs. Neha and Anr reported in 2021 (2) SCC 324. 3. The petitioner has also submitted Annexure-4 of the petition which is the medical certificate which shows that the petitioner is suffering from radiation cataract and cannot continue his work as a welder. The petitioner is unable to pay the monthly maintenance to his wife and daughter. 4. I have considered the submission that the petitioner is aggrieved as he was not accorded an opportunity to contest the proceeding and file his written statement. It appears that for the interest of justice, the petitioner has to be given an opportunity to contest the proceeding. Thereby, this case is remanded back and the petitioner is directed to appear before the learned Trial Court and contest the proceeding and file his written statement and evidence. 5. The Judgment and Order dated 06.11.2024 in connection with F.C.(Crl.) Case No. 587/2022, impugned by the petitioner is hereby set aside. The petitioner is directed to appear before the Trial Court within twenty days from today. 6. In terms of the above observation, this petition stands disposed of. JUDGE Page No.# 3/3 Comparing Assistant