Page No.# 1/2 GAHC010106912025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./632/2025 MAJAHAR ALI ALIAS MAZAHAR ALI S/O LATE SADEK ALI VILL- UKHURA, P.O. BOROMBOI P.S. HAJO DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:ASHMA BEGUM D/OMD. MOHSIN ALI VILL- PACHIM SITARA PO. AND P.S. RANGIA DIST. KAMRUP ASSAM PIN-78135 Advocate for the Petitioner : MR N AHMED, MR. Y ALI,MR. A ALI Advocate for the Respondent : PP, ASSAM, MR. M R SODIAL (R-2),MR. S S A RAHMAN (R- 2),MS. S Z HAYAT (R-2),MR. S S S RAHMAN (R-2) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 29.01.2026 Heard Mr. N. Ahmed, learned counsel for the petitioner and Mr. D.P. Goswami, learned Addl. PP for the State respondent No. 1. Also heard Ms. S. Z. Hayat, learned counsel for the respondent No. 2. Page No.# 2/2 This petition has been preferred by the petitioner, namely, Mazahar Ali under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 challenging the order of the learned Principal Judge, Family Court, No. 1, Kamrup, Guwahati dated 04.02.2025, passed in Misc. Case No. 70/2021 arising out of F.C. (Crl.) Case 539/2017 whereby the maintenance amount granted earlier to the respondent No. 2 and her children was enhanced from Rs. 5,500/- to Rs. 10,000/- (Rupees ten thousand only ) per month. The learned counsel for the petitioner submits that because of financial constraint, the petitioner is not in a position to pay the arrears in one go and seeks accommodation in respect to the arrear of the maintenance amount payable. Accordingly and as agreed to by the learned counsel for the parties, this petition is disposed of with a direction to the petitioner to pay the arrear amount due said to be Rs. 4,80,000/- (Rupees four lakhs eighty thousand only) as on date in 12th monthly installments to the respondent No. 2 commencing from February, 2026. The monthly maintenance amount of Rs. 10,000/- (Rupees ten thousand only) granted by the learned Family Court to the respondent No. 2 and her child shall be paid accordingly in addition to the arrear amount. The petition is accordingly disposed of. JUDGE Comparing Assistant