Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010034472024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./370/2024 PRABODH BHATTA S/O LATE SUSHIL RANJAN BHATTA, R/O VIP COMPLEX, BYE-LANE-3, SREE NAGAR PATH, LALGANESH, P.O.-LALGANESH, P.S.-FATASHIL AMBARI, GUWAHATI-781034, DIST.-KAMRUP (M), ASSAM. VERSUS SMTI. SWAPNA ROY D/O SRI DHANU ROY, R/O INDRASINGH PATH, BIMALANAGAR, P.O.- GOPINATH NAGAR, P.S.-FATASHIL AMBARI, GUWAHATI-781016, DIST.- KAMRUP (M), ASSAM. Advocate for the Petitioner : MR H BETALA, MR. D K RAJAK,MR C KUMAR Advocate for the Respondent : MR. R RAHMAN, MR. MAYUR DAS
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 21-07-2025 Heard Mr. C. Kumar, learned counsel for the petitioner and Mr. S.N. Krishnatraya, learned counsel for the respondent.
2. The instant application under Section 19[4] of the Family Courts Act, 1984 read with Section 401 of the Code of Criminal Procedure, 1973 is preferred
Page No.# 2/2 against an Order, dated 01.07.2022, passed ex-parte on an application preferred by the respondent-wife before the Family Court, Kamrup at Guwahati under Section 125, Code of Criminal Procedure seeking maintenance allowance for herself and her minor son and the said application was registered as F.C. [Crl.] Case no. 264/2020. The Court of learned Principal Judge, Family Court-1, Kamrup [M], Guwahati, , disposed of the same by the Order dated 01.07.2022, passed ex-parte, directing the opposite party therein, that is, the petitioner herein to pay an amount of Rs. 12,000/- per month to the minor child. Aggrieved by the said ex-parte order, the petitioner had preferred the instant application.
3. It is submitted by the learned counsel for the parties conjointly that the petitioner, during the pendency of the instant criminal revision petition, has expired in the month on November, 2024.
4. As the direction made by the learned Family Court in the Order dated 01.07.2022 in F.C.[Crl.] Case no. 264/2020 is specifically to the petitioner, there is no live issue surviving after the demise of the petitioner.
5. As the learned counsel for both the parties have submitted that the petitioner has expired and the case has become infructuous, the instant criminal revision petition is closed as the same cannot be further adjudicated.
JUDGE Comparing Assistant