Page No.# 1/3 GAHC010211702025 2026:GAU-AS:4610 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./399/2025 MONMEE SENAPATI W/O- ROHIT DUTTA MEDHI, PRESENTLY R/O- H.NO- 926, 10TH BYE LANE, GREEN LAND PATH, DR. ZAKIR HUSSAIN PATH , SORU MOTORIA, P.S- DISPUR , GUWAHATI-36, DIST- KAMRUP (M), ASSAM VERSUS ROHIT DUTTA MEDHI S/O- MANTOSH DUTTA MEDHI, R/O- H.NO-106, HATIGAON , GUWAHATI-38, P.S- HATIGAON, DIST- KAMRUP (M), ASSAM PRESENTLY RESIDING AT FLAT NO- 1803, TOWER B, IITL NIMBUS, HYDE PARK, GH-03, SECTOR 78, NOIDA, GAUTAM BUDH NAGAR, UTTAR PRADESH Advocate for the Petitioner : , MR. U CHOUDHURY,DR. N BAROOAH Advocate for the Respondent : J DAS , MR. P. CHOUDHURY Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 31.03.2026 1. Heard Dr. N. Barooah, learned counsel for the petitioner. Also heard Mr. P. Choudhury, learned counsel for the respondent. 2. This is an application filed under Section 442, 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 19(4) of the Family Courts Act, 1948 in respect of the order dated 16.06.2025, passed by the learned Principal Judge, Family Court No.III, Kamrup (Metro) at Guwahati F.C. (Criminal) Case No.227/2024. 3. The respondent was directed to pay interim maintenance of Rs.30,000/- per month to the petitioner and her younger son. 4. Learned counsel for the petitioner submits that the order directing payment of interim maintenance should be from the date of filing of the application not from the date of the order. 5. Learned counsel for the petitioner has relied upon a decision of the Hon’ble Supreme Court that was delivered in “Rajnesh V. Neha reported in (2021) 2 SCC 324”. 6. Learned counsel for the respondent, on the other hand, submits that it is an interim maintenance only not a final order as because the petition is still pending before the Trial Court. 7. Learned counsel for the respondent also deliberated upon the aforesaid Judgment of the Hon’ble Supreme Court. Page No.# 3/3 8. I have considered the submissions made by the learned counsel for both sides. 9. This Court is of the opinion that in view of the Judgment passed in “Rajnesh v. Neha (supra)” the interim maintenance should be paid from the date of application not from the date of the order. 10. Therefore, the respondent is directed to pay the aforesaid maintenance from the date of the application, i.e., on 29.04.2024. 11. The respondent is directed to pay the arrear amount within a period of 3 (three) months from the date of this order. 12. With the aforesaid direction, this Criminal Revision Petition stands disposed of. JUDGE Comparing Assistant