Page No.# 1/3 GAHC010049892025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./78/2025 SRI DIGANTA BAISHYA, S/O- SRI GAUTAM BAISHYA, RIO- VILL- SUALKUCHI, PADMARAM KAKATI PATH, P.O. AND P.S.- SUALKUCHI, DIST- KAMRUP, ASSAM, PIN- 781103 VERSUS BHANITA BARMAN BAISHAYA, D/O- SRI KAMAKHYA BARMAN, R/O- SUALKUCHI HOSPITAL ROAD (NEAR SUALKUCHI PETROL PUMP), P.O. AND P.S.- SUALKUCHI, DIST- KAMRUP, ASSAM, PIN- 781103 Advocate for the Petitioner : MR. R ALI, MR M Z SHAH Advocate for the Respondent : MRS. R KAKATI, MS. N BARMAN,MS. M PATHAK BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 13.05.2025 1. Heard Mr. R. Ali, learned counsel for the petitioner. Also heard Ms. M. Pathak, learned counsel for the respondent. 2. This is an application filed under Section 438 read with Section 442 & 528 of Page No.# 2/3 the Bharatiya Nagarik Suraksha Sanhita, 2023 in respect of the order dated 11.12.2024, passed by the learned Principal Judge Family Court No.1, Kamrup (Metro), Guwahati in F.C. (Crl.) No.240/2019. 3. The Trial Court directed the petitioner to pay an amount of Rs.5,000/- per month has maintenance allowances to be paid by the present petitioner to his wife/respondent. 4. Learned counsel for the petitioner submits that in another case under the Domestic Violence Act, the petitioner was directed to pay an interim compensation of Rs.4,000/- per month to the respondent and, therefore this amount of Rs.5,000/- is exorbitant. 5. I have considered the submissions made by learned counsel for both the sides. 6. The impugned order under Section 125 of the Code of Criminal Procedure was passed after full trial and Rs.5,000/- per month is very small amount in today’s standard. 7. The learned counsel for the petitioner submits that a divorce proceeding is also going between the parties. 8. Be that as it may, the amount of Rs.5,000/- is a small amount, if it is added with Rs.4,000/- has directed by the Family Court under the Domestic Violence Act, the entire amount become Rs.9,000/- per month and probably the total amount would be about Rs.300/- per day. 9. Both the proceedings are meant to held destitute woman. Page No.# 3/3 10. Both the proceedings are social legislations. 11. The present application is found to be devoid of merit under the given circumstances. 12. Therefore the present application stand dismissed and disposed of accordingly. JUDGE Comparing Assistant