Page No.# 1/4 GAHC010193702011 2026:GAU-AS:12347 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./26/2011 SMTI JONALI KALITA D/O SHRI ADHYARAM KALITA W/O SRI BHUSAN KALITA R/O PUB- KHAGRABARI MOUZA- CHAPAGURI P.S. PATACHARKUCHI DIST. BAKSA BTAD ASSAM. VERSUS SHRI BHUSAN KIALITA S/O LT. RAMESH KALITA R/OKURBAHA, MOUZA- BAURIPUR P.S. BARPETA, DIST. BARPETA, ASSAM. Advocate for the Petitioner : MR.S C BISWAS, MS.A DAS,MRS.S D CHOUDHURY,MR.S DAS,DR.B AHMED Advocate for the Respondent : , ,,MISSM BARMAN,MR.S K MEDHI BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 27.08.2026 Heard Mrs. S.D. Choudhury, learned counsel appearing for the petitioner. The present application has been filed by the petitioner, namely, Smti. Page No.# 2/4 Jonali Kalita challenging the judgment and order dated 21.12.2009 passed by the learned Sub-Divisional Judicial Magistrate (M), Bajali, Pathsala in M.R. Case No. 26/2009 whereby the husband namely, Shri Bhusan Kalita was directed to pay a monthly maintenance of Rs.1,000/- to his wife, i.e. the petitioner and Rs.600/- each to his two children. The petitioner challenged the said judgment and order on the ground that the amount of maintenance awarded to her was grossly inadequate and insufficient for her sustenance. Mrs. S.D. Choudhury, learned counsel appearing for the petitioner submits that the matter has been pending since 2011 and that the petitioner and the respondent have not obtained a divorce and continues to remain husband and wife. She further submits that the children have since grown up and that it has become increasingly difficult for the petitioner to maintain them and meet their educational expenses. She accordingly submits that the arrear maintenance amount may be calculated at the rate of Rs.2,200/- per month payable by the respondent to the petitioner and the children. She further submits that the relatives of both the petitioner and the respondent have expressed the view that the parties may resume their matrimonial life and stay together. In view thereof, she submits that the petitioner is willing to return to the matrimonial home and reside with the respondent. Learned counsel submits that as on date an amount of Rs.3,98,200/- has accrued towards arrear maintenance calculated from the date of filing of the petition till date. On 21.12.2009, the learned Sub-Divisional Judicial Magistrate, Pathsala after hearing both sides and considering the income of the respondent who was Page No.# 3/4 serving in the Assam Police directed the respondent to pay a monthly maintenance of Rs.1,000/- to his wife and Rs.600/- each to his two minor sons under Section 125 of the Code of Criminal Procedure. The said order was passed in the year 2009 and thereafter, the petitioner did not file any application seeking enhancement of the maintenance amount. Instead, she filed the present application contending that the amount of maintenance awarded to her was inadequate in comparison to her standard of living. During the pendency of the present proceeding, this Court by order dated 16.02.2012 had noted that learned counsel appearing for the respondent submitted that the respondent was not earning any income at the relevant time, i.e. in the year 2012 and therefore, was unable to pay the maintenance as directed by the learned S.D.J.M., Bajali. However, the reason for the respondent not receiving his salary could not be ascertained or explained by learned counsel appearing for the respondent. By the said order, this Court directed the Superintendent of Police, Barpeta to obtain instructions as to why the respondent was not receiving his salary. Pursuant thereto, the Superintendent of Police, Barpeta by communication dated 16.03.2012 informed this Court that the respondent had remained absent from his duties since 26.01.2011 and had not drawn his salary during the said period. It was further informed that a departmental proceeding had been initiated against the respondent. Be that as it may, the order dated 21.12.2009 continues to subsist and the respondent is under an obligation to comply with the said order and pay the maintenance amount as directed therein. Accordingly, the respondent is directed to pay the arrear amount of Page No.# 4/4 Rs.3,98,200/- to his wife and children within a reasonable period of time. With the aforesaid observations and directions, the petition stands disposed of. JUDGE Comparing Assistant