Page No.# 1/6 GAHC010250562024 2026:GAU-AS:6891 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1449/2024 NURUL HASSAN LASKAR S/O HAIDAR HUSSAIN LASKAR R/O VILL- MAZUMDERBAZAR, TRAPUR PART-VI, P.O. TARAPUR PART-VI, P.S. SILCHAR, DIST. CACHAR, ASSAM, PIN-788003 VERSUS THE STATE OF ASSAM AND ANR TO BE REP.B Y THE PP, ASSAM 2:ISMETARA BEGUM LASKAR D/O AZIR UDDIN LASKR RESIDING AT VILL- TUPKHANA PART-I P.O. ARUNACHAL P.S. SILCHAR DIST. CACHAR ASSAM PIN- 78802 Advocate for the Petitioner : MR. A M S MAZUMDER, Advocate for the Respondent : PP, ASSAM, MS. R CHOUDHURY BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 19-05-2026 Page No.# 2/6 Heard Mr. A N S Mazumder, the learned counsel for the petitioner. Also heard Ms. R Choudhury, the learned Senior Counsel assisted by Ms. S Azmer, the learned counsel for the respondent no. 2. 2. This is an application filed u/s 528 BNSS read with Section 19(4) of Family Court Acts, 1984 read with Article 227 of the Constitution of India challenging the correctness and legality of the impugned ex-parte order dated 17.11.2023 passed by learned Principal Judge, Family Court, Cachar, Silchar in F.C. (Crl.) Case No. 42/2021 whereby the learned Principal Judge, Family Court had directed the petitioner to provide the respondent no. 2 (wife) monthly maintenance @ Rs. 15,000/- per month and Rs. 5,000/- per for the minor son i.e. Rs. 20,000/- per month w.e.f. date of passing the order i.e. 17.11.2023. 3. Mr. Mazumder, the learned counsel for the petitioner submitted that the present petitioner is an army personnel and the respondent no. 2 had instituted D.V. case u/s 12 of the D.V. Act seeking monitory as well as other reliefs and the learned Trial Court below in the said D.V. Case No. 271/2021 passed an interim order dated 25.11.2021 directing the present petitioner to pay Rs. 2,500/- i.e. Rs. 1,000/- for the aggrieved person (respondent no. 2) and Rs. 1,500/- for their minor child and after final hearing in the D.V. case the ex-parte final order of maintenance was granted to the tune of Rs. 6,000/- to respondent no. 2 and Rs. 4,000/- for the minor child. He further submitted that on the day when the interim order was passed i.e. on 25.11.2021 the respondent no. 2 instituted another petition for the maintenance before the learned Principal Judge, Family Court, Cachar, Silchar seeking monthly maintenance from the present petitioner. On the said maintenance case, the petitioner had appeared and they sought Page No.# 3/6 time for filing his WS. But, on next date of listing i.e. on 28.03.2022 he remained absent and the WS was also could not be filed by him as he had to leave for his place of posting. Considering his absence, the matter proceeded ex-parte and vide the ex-parte/impugned order dated 17.11.2023 the order of maintenance was passed directing the petitioner to pay an amount of Rs. 15,000/- for the wife and Rs. 5,000/- for the minor child. 4. He further submitted that at the time of passing the order, the petition was also not supported with any affidavit of assets & liabilities which is required as per the guideline of Hon’ble Apex Court passed in case of Neha v. Rajnish and the petitioner was also not given any opportunity to file his assets & liabilities and the WS. Thus, the order of maintenance was passed in his absence on 17.11.2023, directing the petitioner to pay maintenance as stated above. 5. Mr. Mazumder however submitted that the marriage and the paternity of the child is not a disputed fact. But, without giving opportunity and without perusal of assets & liabilities, the order has been passed by the learned Principal Judge, Family Court, Cachar, Silchar only on the basis of the salary statement which was produced by the respondent at the time of the hearing. Accordingly, he submitted that the matter may be remanded back to the learned Principal Judge for fresh order may be passed in regards to quantum of maintenance after appreciation of the assets & liabilities of both the parties, giving an opportunity for filing the assets & liabilities by the parties concerned. 6. Ms. Choudhury, the learned Senior Counsel submitted in this regard that there cannot be any bar for praying for maintenance before the Court under the D.V. Act as well as under the Maintenance Act and the petitioner never approached the D.V. Court with the view that the maintenance have already been granted in the case of maintenance which was instituted before the Family Page No.# 4/6 Court, Cachar, Silchar. She further submitted that though the petitioner remained absent and did not file his WS but, he was appearing before the Court of JMFC where the D.V. case was pending and intentionally did not appear before the Court of Principal Judge, Family Court to proceed with the case of maintenance. She further submitted that the salary certificate was produced before the learned Principal Judge, Family Court and on the basis of which the order of maintenance was passed by the learned Court below. However, she admitted that affidavit on assets & liabilities was not produced before the Court at the time of hearing or at the time of passing the order by the Court. 7. Ms. Choudhury further submitted that though the Court has passed the order directing to pay 50% of the awarded amount i.e. Rs. 10,000/- per month but the present petitioner is very irregular even in paying 50% of the awarded amount. Since last 2/3 months the maintenance has not been paid to the respondent no. 2. Ms. Choudhury further submitted that from the order passed by the learned JMFC in D.V. case dated 14.07.2022 it reveals that he is very much present to the station of Silchar and considering his prayer, the ex-parte order passed in the said D.V. case was also vacated by the learned Trial Court below. Thus, it is seen that in spite of his presence in the Silchar town he remained absent in the maintenance proceeding for which the matter proceeded ex-parte against him. Further, she submitted that though the final order passed by the Principal Judge, Family Court regarding the maintenance is put under challenge but, the petitioner never challenged the order of ex-parte passed against him and he never appeared before the learned Principal Judge with that sort of application for vacating the ex-parte order passed against him. 8. However, Ms. Choudhury submitted that he may be directed to furnish his assets & liabilities before the learned Principal Judge for assessing the Page No.# 5/6 maintenance allowance and in that case the respondent is also ready to file her assets & liabilities before the learned Principal Judge, Family Court as per direction of the Hon’ble Apex Court passed in case of Neha v. Rajnish which is also reported in the case of Aditi @ Meethi (supra), reported in (2023) SCC Online SC 1459. Ms. Choudhury further submitted that in spite of the direction of this Court to make payment of Rs. 10,000/- per month, the petitioner is very irregular in paying the maintenance and accordingly she submitted that a direction may be given to the petitioner to make the payment of entire period from January, 2026 till he appears before the learned Principal Judge for submitting his assets & liabilities. 9. Considering the submission made by learned counsel for both sides, it is seen that the marriage and paternity of the child is not under dispute and at the same time it is also seen that the petitioner did not challenge the ex-parte order passed against him. However, the final order of maintenance dated 17.11.2023 has been challenged wherein the petitioner was directed to pay an amount of Rs. 20,000/- towards monthly maintenance i.e. Rs. 15,000/- for the respondent no. 2 and Rs. 5,000/- for her minor child. In the same time, it is also seen that at the time of passing the final order the learned Principal Judge did not ask the party to furnish their assets & liabilities and only on the basis of the salary statement produced before the Court, the order of maintenance was accordingly passed. 10. In view of this and also considering the view of the Hon’ble Apex Court vis- à-vis the submission made by the learned counsel for both sides, both the parties are hereby directed to appear before the learned Principal Judge, Family Court, Cachar, Silchar on 18.06.2026 with their assets & liabilities and the petitioner is also hereby directed to make payment of the maintenance as fixed Page No.# 6/6 by this Court i.e. Rs. 10,000/- per month from January, 2026 till he appears before the learned Principal Judge. 11. TCR be accordingly returned back. 12. Registry will do the needful. 13. Accordingly the earlier order dated 17.11.2023 passed by the learned Principal Judge, Cachar, Silchar is hereby set aside with a direction to pass fresh order of maintenance considering the assets & liabilities to be furnished by both the parties. 14. Interim order passed on 02.12.2024 stands vacated. 15. With the above observations, this criminal petition stands disposed of. JUDGE Comparing Assistant