Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010072892025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./107/2025 SONKU NATH S/O LATE NIBARAN CHANDRA NATH R/O VILLAGE AND PO PANIBORA, PS DHOLAI, DISTRICT CACHAR, ASSAM,PIN-788123 VERSUS SUDIPA NATH AND ANR W/O SRI SONKU NATH D/O SUSHANTA NATH VILLAGE BARJALENGA PART-VIII, P.O. PANIBHORA, PS DHOLAI, DISTRICT CACHAR, ASSAM, PIN-788123 2:SUMITA NATH D/O SRI SONKU NATH (BEING A MINOR THE RESPONDENT NO. 2 IS REPRESENTED BY HER MOTHER SMT. SUDIPA NATH THE RESPONDENT NO. 1) VILLAGE BARJALENGA PART-VIII P.O. PANIBHORA PS DHOLAI DISTRICT CACHAR ASSAM PIN-78812 Advocate for the Petitioner : MR. O LASKAR, MS A GOGOI,MR. U N CHATTRY Advocate for the Respondent : MR. M AHMED (R-1,R-2), MR. A. K. KANU (R-1,R-2)
Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 15.12.2025
1. The learned counsel for the both parties have submitted that this matter would require remand back to the learned trial court since the law laid in the case of Rajnesh Vs. Neha and Others reported in AIR (2021) Supreme Court 569 had not been followed in as much as neither of the parties have filed their affidavits on assets and liabilities before the learned Trial Court had come to conclusion regarding the quantum of maintenance required to be paid.
2. In view of the consensus arrived at by the learned counsel for the parties, this criminal revision petition is allowed by setting aside the order date 01.02.2025 by which the quantum of maintenance had been fixed.
3. The learned trial court shall require the both parties to file respective affidavits on their assets and liabilities and thereafter quantify the amount of maintenance to be paid in accordance with law. Accordingly, this criminal revision petition is allowed in the above terms.
4. The parties are liberty to approach the trial court with a certified copy of this court order to initiate further proceedings.
5. This criminal revision petition is disposed of.
JUDGE Comparing Assistant