Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010014802014
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./391/2014 MD. AMZAD ALI S/O LT. WASIR UDDIN @ NASER ALI VILL- PUB MARIOM NAGAR, P.S. and DIST. GOALPARA, ASSAM, PIN- 783121. VERSUS MUSTT. SAMIRAN NESSA W/O MD. AMZAD ALI D/O ABDUL BARIK VILL- 2 NO. BALADMARI CHAR P.S. and DIST. GOALPARA, ASSAM, PIN- 783121. Advocate for the Petitioner : MS.F INTAZ, MS.A BEGUM,MR. M A SHEIKH Advocate for the Respondent : , ,
BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER Date : 30-10-2025 Heard Mr. M.A. Sheikh, learned counsel for the petitioner. None has appeared for the sole respondent. 2. The present criminal revision petition has been instituted assailing the judgment
Page No.# 2/3 dated 30-06-2014 passed by the learned Sub-Divisional Judicial Magistrate (S), Goalpara in MCR Case No. 218/2013 under Section 127 Cr.P.C. enhancing the maintenance awarded to the petitioner from Rs. 800/- (Rupees Eight Hundred) to Rs. 2500/- (Rupees Two Thousand Five Hundred) w.e.f. the date of passing of the order, i.e. w.e.f. 30-06-2014. This Court on considering the materials available on record was pleased vide order dated 11-09-2014 to direct the petitioner, herein, to pay monthly allowance of Rs. 1500/- (Rupees One Thousand Five Hundred) per month till disposal of the present proceeding w.e.f. 30-06-2014. 3. Mr. M.A. Sheikh, learned counsel for the petitioner, on instruction, has submitted that the petitioner has been regularly depositing Rs. 1500/- (Rupees One Thousand Five Hundred) per month with the learned Trial Court and he has not defaulted on the said account. Mr. Sheikh submits that the present petitioner had disputed the marriage between the parties and had also brought on record the fact that the petitioner, herein, is not having the means to pay the enhanced maintenance amount. 4. Mr. Sheikh has submitted that the petitioner undertakes to pay enhanced amount of Rs. 1800/- (Rupees One Thousand Eight Hundred) w.e.f. 30-06-2014 to the petitioner and the arrears working out would also be cleared within a period of 03 (three) months from today. The enhanced maintenance of Rs. 1800/- (Rupees One Thousand Eight Hundred) is undertaken to be deposited before the learned Trial Court regularly every month and the arrear amount would be so deposited within a period of 03 (three) months from today. 5. This Court accepts the undertaking made by the petitioner to pay maintenance to
Page No.# 3/3 the respondent, herein, @ Rs. 1800/- (Rupees One Thousand Eight Hundred) per month, and directs the petitioner to pay the enhanced amount of Rs. 1800/- (Rupees One Thousand Eight Hundred) per month w.e.f. 30-06-2024. The arrears as working out be paid by the petitioner, within a period of 03 (three) months from today. The petitioner shall pay the maintenance amount to the respondent @ Rs. 1800/- (Rupees One Thousand Eight Hundred) per month w.e.f. the month of November, 2025. 6.
This Court has passed the above directions, in the absence of the respondent, considering the fact that the present is a long pending matter. It is, however, provided that it will be open for the respondent to institute appropriate application, before the appropriate forum for enhancement of the maintenance amount awarded by this Court. 7. The learned Trial Court shall monitor the payment of the arrears along with enhanced monthly compensation as awarded by this Court. 8. Registry to forward a copy of this order to the respondent for information. 9. With the above observations and directions the present revision petition stands
disposed of. JUDGE Comparing Assistant