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2025 DAILYLAW 21380 (GAU)

PRANJIT SAIKIA v. MADHURI BARUAH

Crl.Rev.P./488/2023 · 2025-07-29

Manish Choudhury

body2025

Judgment text

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Page No. 1/3 GAHC010258172023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./488/2023 PRANJIT SAIKIA S/O LT. LAKHYASWAR SAIKIA R/O PATHARGHAT, ALIKHAPARA SIPAJHAR, PIN-784145, P.S. SIPAJAR DIST. DARRANG, ASSAM VERSUS MADHURI BARUAH D/O JAGAT CH. BARUAH R/O HOUSE NO. 11, BYLANE NO. 1, PUB SARANIA, P.S. CHANDMARI, P.O. SILPUKHURI, PIN-781003, DIST. KAMRUP (M), ASSAM Advocate for the Petitioner : MR. I C DEKA, MR. D J SAIKIA Advocate for the Respondent : MR. T K MISRA, MS. P BORUAH,DIPTI CHAKRAVARTY,MR. B DEORI,MR. T R SARMA,MR. P K MUNIR BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 30.07.2025 Heard Mr. I.C. Deka, learned counsel for the petitioner and Mr. T.K. Mishra, learned counsel for the respondent. 2. Invoking the revisional jurisdiction by this Court under Section 397 read with Section Page No. 2/3 401, Code of Criminal Procedure, 1973 [‘CrPC’ and/or ‘Code’], the petitioner has preferred the instant revision petition to assail an Order dated 10.08.2023 passed by the Court of Principal Judge, Family Court no. 2, Kamrup [Metro] at Guwahati [‘the Family Court’, for short]. By the Order dated 10.08.2023, the learned Family Court has directed the petitioner, who is the opposite party in F.C.[Crl.] Case no. 678/2022, to pay an amount of Rs. 6,000/- per month to the respondent herein, that is, the petitioner therein as the monthly interim maintenance. The proceedings of F.C.[Crl.] Case no. 678/2022 has been initiated on institution of an application preferred by the respondent herein as the petitioner before the learned Family Court under Section 125, CrPC seeking maintenance amount from her husband, that is, the petitioner herein. 3. The marriage between the petitioner and the respondent was solemnized on 09.08.2006 and out of their wedlock, a child was born on 13.09.2007. The respondent refused to give maintenance to the petitioner and her son. It has been alleged that respondent-husband started living with another lady since 2011 and since then, stopped paying attention to his wife and son. He did not pay any amount for their maintenance too. 4. The impugned order dated 10.08.2023 was passed on the prayer of the respondent to grant interim maintenance allowance to her and her son. 5. In the application under Section 125, CrPC, the respondent had asserted that the petitioner was working as an Area Sales Manager in M/s Alna Biotech, H&L Division earning a monthly salary of Rs. 50,000/-. 6. In the proceedings before the learned Family Court and during the hearing on interim maintenance prayer, the respondent-wife had reiterated the same as regards the income of the petitioner-husband. In response, the petitioner during the hearing stated that he was working as a Sales Representative drawing an amount of Rs. 18,000/- per month as salary. 7. Having regard to the above statements of the parties made before the learned Family Court during the proceedings, the learned Family Court has reached an opinion that an Page No. 3/3 amount of Rs. 6,000/- per month as interim maintenance would be just and reasonable for the respondent and her son, more particularly, having regard to the fact that the respondent- husband has a monthly income of Rs. 18,000/-. 8. Having considered the matter from all standpoints, this Court does not find any merit and jurisdiction to interfere with the Order dated 10.08.2023 passed by the learned Family Court as the amount of Rs. 6,000/- to the respondent and her son, who is pursuing education in Guwahati City, is just and reasonable. Consequently, merits, this criminal revision petition stands dismissed. No cost. JUDGE Comparing Assistant