Research › Search › Judgment

Gauhati High Court · body

2019 DIGILAW 1198 (GAU)

Shafikul Islam v. Aklima Khatun D/o Anowar Hussain

2019-11-06

RUMI KUMARI PHUKAN

body2019
JUDGMENT : Rumi Kumari Phukan, J. 1. Heard Mr. R. Ali, learned counsel for the petitioner. 2. The petitioner herein has been directed to pay maintenance in two cases filed by the respondent wife i.e. D.V. Case No. 709/2017, dated 16.09.2019, whereby he is directed to pay a sum of Rs. 6,000/- per month to the respondent wife and her son with compensation of Rs. 20,000/-. Similarly he has also been directed to pay Rs. 3,500/- per month to the respondent wife in the maintenance case vide F.C. (Crl.) Case No. 274/2018, u/s. 125 Cr.P.C. 3. The order passed in the D.V. Case has not been challenged by the petitioner but however the maintenance order passed u/s.125 Cr.P.C. has been challenged by the present petition, on the ground that similar relief has been obtained by the respondent wife by filing two cases in two forums and the petitioner is not able to pay such a huge amount as compensation. Hence the petitioner challenges the order dated 27.08.2019, passed by the learned Family Court, Barpeta, in the F.C. (Crl.) Case No. 274/2018, by filing the present petition u/s. 397/401 read with Section 482 of the Cr.P.C. 4. Perused the documents annexed and considered the submissions. 5. Issue notice to the sole respondent by Regd. Post with A/D and usual process, returnable by six weeks. 6. Till the returnable date, the execution of the order passed by the Family Court, Barpeta in F.C. (Crl.) Case No. 274/2018, is hereby stayed till the returnable date.