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2026 DAILYLAW 3980 (GAU)

GAUTAM DAS v. PRANITA DAS

I.A.(Crl.)/356/2026 · 2026-04-05

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/2 GAHC010065972026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/356/2026 GAUTAM DAS SON OF LATE SADHAN DAS RESIDENT OF VILL- NO. 2 KHENBOR P.O.AND P.S. KHETRI DIST. KAMRUP (M) ASSAM PIN-782423. VERSUS PRANITA DAS D/O LATE JAGAT CH. DAS C/O SRI BINDU BORA PERMANENT RESIDENT OF KHETRI DIST. KAMRUP (M) ASSAM PIN- 782423 PRESENTLY RESIDING AT LECHU BAGAN HENGRABARI GANESHGURI P.O. AND P.S. DISPUR DIST. KAMRUP (M) ASSAM PIN-781006 ------------ Page No.# 2/2 Advocate for : MR. S BARUAH Advocate for : appearing for PRANITA DAS BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : --06.04.2026 Heard Mr. S Baruah, the learned counsel for the applicant. 2. This is an application u/s 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for stay/suspension of the operation of the impugned judgment & order dated 20.12.2025 passed by learned Principal Judge, Family Court No. I, Kamrup (M), Guwahati in F.C.(Crl.) Case No. 105/2024. 3. It is submitted by Mr. Baruah that the learned Principal Judge has passed the order of maintenance without considering the income of the present petitioner and also not considering the income of the respondent at the time of recording her evidence. The learned Principal Judge also did not consider his burden and liability at the time of passing the judgment & order. Accordingly it is submitted that the order dated 20.12.2025 may be stayed/suspended till disposal of the connected criminal revision petition. 4. Hearing the submission made by learned counsel for the petitioner and considering the nature of offence, this Court is of the opinion that the order cannot be stayed/suspended at this stage. However, the petitioner is hereby directed to pay Rs. 6,000/- per month, till disposal of the connected revision petition. 5. With the above observations, the present IA stands disposed of. JUDGE Comparing Assistant