Page No.# 1/4 GAHC010270972025 2026:GAU-AS:8887 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1549/2025 NAYAN KUMAR ROY S/O SRI PRABHAT ROY, P.O - BHOTANTA SADERI, P.S - PATACHARKUCHI, PIN -781350, DIST- BAJALI, ASSAM VERSUS SMTI PURABI DAS AND ANR W/O SRI NAYAN KUMAR ROY, R/O H.NO.2, LACHIT NAGAR, PATHSALA TOWN, WARD NO. 1, P.O -PATHSALA, P.S -PATACHARKUCHI, DIST - BAJALI, 781325, ASSAM 2:SUJAN KASHYAP S/O SRI NAYAN KUMAR ROY R/O H.NO.2 LACHIT NAGAR PATHSALA TOWN WARD NO. 1 P.O -PATHSALA P.S -PATACHARKUCHI DIST - BAJALI 781325 ASSA Advocate for the Petitioner : MS. S G BARUAH, MS C SAIKIA,MR B SAIKIA,MR. S NEOG Advocate for the Respondent : MR. I CHOUDHURY (R-1), MS. S BORAH (R-1) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 19.06.2026 Heard the learned counsel for the petitioner. Also heard Mr. I. Choudhury, learned counsel for the sole respondent. This criminal petition has been preferred challenging the Judgment & Order dated 02.07.2025 passed by the learned Sessions Judge, Bajali at Pathsala in Criminal Revision No. 13/2023 whereby, the Hon’ble Court directed the petitioner to pay the enhance maintenance of Rs. 3,000/- to the respondent No. 1 and Rs. 2,000/- to the respondent No. 2 from the date of passing the order by the learned Trial Court. It appears that, initially the present respondent/wife had approached the learned Magistrate under Section 125 Cr.P.C seeking maintenance for herself and her child. An amount of Rs. 2500/- for the wife and Rs. 1000/- for the child respectively was granted. Subsequently, the respondent/wife once again approached the Magistrate under Section 127 Cr.P.C. for enhancement of the maintenance amount and the learned SDJ(M), Balaji, Pathsala upon appreciating the fact that since 9 years have elapsed from the date when maintenance was last granted, there has definitely been a change of circumstances and accordingly deemed it fit to grant maintenance of Rs. 3000/- for the wife and Page No.# 3/4 Rs. 3000/- for the child, totaling Rs. 6000/-. The petitioner herein challenged the aforesaid order by way of Criminal Revision No. 13/2023 before the learned Sessions Judge, Bajali and by Order dated 02.07.2025, the petitioner was partly allowed by reducing the maintenance amount to Rs. 3000/- for the wife and Rs. 2000/- for the child, totaling Rs. 5000/-. On perusal of the impugned Judgments, it appears that by way of the impugned order of the learned Sessions Judge, partial relief was granted to the petitioner by reducing the total maintenance amount by Rs. 1000/-. However, not being satisfied by that, the petitioner has filed the instant criminal petition challenging the grant of even the reduced amount of maintenance of Rs. 5000/-, which in any view of the matter cannot be regarded as excessive for the purpose of maintaining a woman and her child. Therefore, it appears that the present criminal petition is an absolutely frivolous one which deserves to be dismissed at the threshold, which I accordingly do and further this Court finds it fit to impose a cost of Rs. 5000/- on the petitioner to be paid to the respondent/wife, which will be realised as arrears maintenance. Page No.# 4/4 The petition is dismissed accordingly. JUDGE Comparing Assistant