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2026 DAILYLAW 4786 (GAU)

SHRI PABITRA NATH v. SMTI POMPI DEVI

Crl.Rev.P./60/2025 · 2026-04-26

Susmita Phukan Khaund

body2026

Judgment text

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Page No.# 1/3 GAHC010038662025 2026:GAU-AS:5727 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./60/2025 SHRI PABITRA NATH S/O KAMAL NATH, RESIDENT OF GERUAMUKH,PO GERUAATI BAZAAR, PS KHATOWAL, DIST NAGAON, ASSAM 782140 VERSUS SMTI POMPI DEVI SMTI POMPI NATH, W/O PABITRA NATH, RESIDENT OF GERUAJAN, PS KHATUWAL, PO GERUAATI BAZAAR, DIST NAGAON, ASSAM 782140 Advocate for the Petitioner : P HAZARIKA, MR. S R RABHA Advocate for the Respondent : MR. SAMIM RAHMAN, MR. SARFRAZ NAWAZ,MS. SURAYA RAHMAN,MR. A W AMAN,MR. SURAJIT DAS BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 27.04.2026 1. Heard learned counsel Mr. P. Bharadwaj on behalf of learned counsel Mr. P. Hazarika for the petitioner ‘X’ who has filed this application under Section Page No.# 2/3 438/442 of the BNSS, 2023 challenging the order dated 27.01.2025 and has prayed for suspension in the impugned judgment and order dated 05.03.2026 passed by the learned Judicial Magistrate First Class, Nagaon, in M.R. Case no. 247/2019. 2. Heard learned counsel Mr. S. Nawaz for the respondent ‘Y’. 3. It is submitted by the learned counsel for the respondent that the respondent is receiving monthly maintenance from the petitioner who in compliance of the judgment and order dated 31.05.2024 in M.R. Case No. 247/2019 has been paying regular maintenance to the respondent to maintain his children. 4. The petitioner has been directed to pay the arrear accrued which amounts to approximately Rs. 2,50,000/. It is submitted that the petitioner is unable to pay the entire amount at a stretch and thereby, he has prayed to pay Rs.10,000/- per month as installment till the completion of the payment of the entire arrear, along with the monthly maintenance which he has been paying in favour of his children regularly. 5. The learned counsel for the respondent has no objection if Rs. 10,000/- per month as monthly installment along with the monthly maintenance is paid by the petitioner in favour of the children of the respondent and the petitioner. 6. Thereby, this matter is closed as it has been settled between the parties that the petitioner will pay Rs. 10,000/- per month till the completion of payment of RS. 2,50,000/- as the arrear accrued along with the monthly maintenance for his children. 7. In terms of the above observation, this application is disposed of. Page No.# 3/3 JUDGE Comparing Assistant