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2025 DAILYLAW 6998 (GAU)

SMTI JHUMA DAS v. BIKRAMJIT DAS

Crl.Rev.P./67/2025 · 2025-03-03

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/4 GAHC010023702025 2025:GAU-AS:2374 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./67/2025 SMTI JHUMA DAS W/O SRI BIKRAMJIT DAS D/O LT.NIDHU RANJAN DAS R/O SWAMIJI ROAD, ITKHOLA P.S. SILCHAR, DIST. CACHAR, ASSAM VERSUS BIKRAMJIT DAS S/O LT. BISHNUPADA DAS R/OSHANTIPARA, RONGPUR, P.O. SILCHAR,DIST. CACHAR, ASSAM OFFICE ADDRESS- C/O DIRECTORATE GENERAL, BORDER SECURITY FORCE, BLOCK 10, CGO COMPLEX, LODHI ROAD, NEW DELHI (INFORMATION TECHNOLOGY WING). Advocate for the Petitioner : MS. S B CHOUDHURY, MR. S K DAS Advocate for the Respondent : , Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 04.03.2025 1. Heard Ms. S.B. Choudhury, the learned counsel for the petitioner. 2. This application under Article 227 of the Constitution of India has been filed by the petitioner, namely, Smti. Jhuma Das, praying for expediting the proceedings of F.C.(Crl.) Case No. 26/2016 under Section 127 of the Code of the Criminal Procedure, 1973 pending before the Court of the learned Principal Judge, Family Court, Cachar, Silchar. 3. The learned counsel for the petitioner has submitted that the petitioner was granted a maintenance allowance of Rs. 7,000/- (Rupees Seven Thousand) only per month for her maintenance as well as, maintenance of her child, who is suffering from autism. 4. The learned counsel for the petitioner has submitted that the petitioner has preferred an application for enhancement of the monthly maintenance allowance due to several changes in circumstances. The said application was registered as F.C.(Crl.)Misc. Case No. 10/2021. 5. The learned counsel for the petitioner has submitted that the petitioner has filed the said application in the year 2021, however, since last four years, the respondent is avoiding the processes of the Court and the Trial Court is also issuing notices repeatedly at the same address. 6. The learned counsel for the petitioner has submitted that the respondent had preferred a Matrimonial Appeal in this Court, which was Page No.# 3/4 registered as Matrimonial Appeal No. 17/2021, wherein, the respondent has mentioned the same address as stated by the present petitioner in F.C.(Crl.)Misc. Case No. 10/2011. 7. The records of Matrimonial Appeal No. 17/2021, which has been preferred by the respondent before this Court was called for, in connection with this case. 8. It appears that in the said Matrimonial Appeal, the respondent has mentioned his address as follows:- Sri Bikramjit Das, Son of Late Bishnupada Das, Resident of Shantipara, Rongpur, P.O. and P.S. Silchar, District-Cachar, Assam. The said address is also mentioned in the application filed by the petitioner before the learned Principal Judge, Family Court, Cachar. 9. As it appears from the record that the F.C.(Crl.)Misc. Case No. 10/2011 is pending since last four years and even notices on the respondent could not be served. 10. This revision petition is disposed of with a direction to the learned Principal Judge, Family Court, Cachar, to take all steps to make all endeavours to get the notice served upon the respondent. 11. It is directed to issue a fresh notice upon the respondent in the above mentioned given address through the Officer-In-Charge of Silchar Police Station. In addition to, sending the notices through usual mode to ensure due service of notice upon the respondent, so that the proceedings of F.C.(Crl.)Misc. Case No. 10/2011 can proceed further. Page No.# 4/4 12. With the above observation this revision application is disposed of. JUDGE Comparing Assistant