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Ujjal Sarkar vs The State Of Assam And Anr on 5 March, 2019

Page No.# 1/2

GAHC010043382019

THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.Pet. 214/2019

1:UJJAL SARKAR
S/O. LT. SUKHLAL SARKAR, R/O. HOUSE NO. 12A, (RLY QTR), MODEL
COLONEY, PANDU, P.S. JALUKBARI, KAMRUP (M), GUWAHATI-12, ASSAM,
INDIA.

VERSUS

1:THE STATE OF ASSAM AND ANR.
REP. BY PP, ASSAM.

2:SMT. BAKUL SARKAR
D/O. LT. NITAI KUMAR BISWAS
R/O. HOUSE NO. 12A
(RLY QTR.)
MODEL COLONEY
PANDU
P.S. JALUKBARI
KAMRUP (M)
GUWAHATI-12
ASSAM
INDIA

Advocate for the Petitioner : MR. P BOIRAGI

Advocate for the Respondent : PP, ASSAM

BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM

ORDER

Date : 05-03-2019
Page No.# 2/2

Heard Mrs. B. Talukdar, learned counsel for the petitioner. Also heard Mr. B. B. Gogoi,
learned APP, Assam, appearing for the respondent no. 1.

Assailing the order dated 08/02/2019 passed by the learned Principal Judge, Family Court
No.1, Kamrup (M) at Guwahati in FC(Crl) Case No. 231/2018, directing the petitioner to pay an
amount of Rs. 4500/- as interim maintenance to his wife i.e. the respondent, the present petition has
been filed.

Ms. Talukdar submits that the petitioner is already paying Rs. 10,000/- per month as
maintenance pendenti lite to the respondent as per the earlier order dated 21/12/2018 passed by the
Family Court No.1, Kamrup (M) at Guwahati in connection with Misc. (J) Case No. 74/2018 and as
such, there was no jurisdiction for issuing further order of interim maintenance in this case. The
learned counsel submits that her client is regularly paying an amount of Rs. 10000/- as maintenance
pendent lite and, therefore, unless the order dated 08/02/2019 is suspended as an interim measure,
the interest of the petitioner would suffer serious prejudice.

Issue notice returnable on 05/04/2019.

Petitioner to take steps for service of notice upon the respondent no. 2 by registered post with
A/D as well as usual process.

Steps within one week from today.

Heard on the prayer of interim relief.

Having regard to the facts and circumstances of the case in its entirety, it is provided that
operation of the order dated 08/02/2019 shall remain suspended till the returnable date, subject to
the condition that the petitioner shall make regular payment of the maintenance pendent lite in terms
of the order dated 21/12/2018 passed by the learned Family Court.

JUDGE

Sukhamay

Comparing Assistant

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