GUWAHATI, India, June 17 -- Gauhati High Court issued the following order on May 16:

1. Heard Mr. P. Gogoi, the learned counsel for the petitioner. Also heard Mr. H. A. Ahmed, the learned counsel for the respondent.

2. This petition was registered on filing of an application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, by the petitioner Rupchan Bhuyan, impugning the judgment and order dated 20.01.2023 passed by the learned Principal Judge, Family Court, Barpeta in Case No. F.C. (Crl) 263/2021, whereby the petitioner was directed to pay a maintenance allowance of Rs.10,000/- per month to the respondent wife and also Rs. 2,000/- per month each to the minor daughters from the date of filing of the petition under Section 125 of the Code of Criminal Procedure, 1973.

3. The facts relevant for consideration of the instant Criminal Petition, in brief, are that the petitioner and the respondent were married to each other as per Islamic Shariat Law about 10 years back. Out of their wedlock, two daughters were born, namely Rabina Bhuyan and Ms. Rukhsana Bhuyan. The petitioner is serving in CRPF, (Central Reserve Police Force), and presently posted at Chhattisgarh, and his wife, (the Respondent), stays at home and looks after her two daughters.

4. The respondent wife, namely, Hamida Khatun, had filed an application under Section 125 of the Code of Criminal Procedure, 1973 against the petitioner before the Court of learned Principal Judge, Family Court, Barpeta, seeking monthly maintenance allowance for herself and her two minor daughters.

5. In her application under Section 125 of the Code of Criminal Procedure, 1973, the respondent has alleged that the petitioner used to subject her to physical and mental torture without any reason and had also stated to her that he would marry another lady and needed her permission to do so. It is also alleged in the application under Section 125 of the Code of Criminal Procedure, 1973 that the petitioner took the signatures of the respondent on a blank paper sheet forcefully and drove her out of her matrimonial home and since then, she is taking shelter in the house of her mother with two minor daughters.

6. She has also stated that she has no source of income and is unable to maintain herself and her minor daughters, whereas the present petitioner is a CRPF personnel drawing a salary of about Rs. 60,000/- per month. Besides that, it was also stated that the petitioner has seven (07) Bighas of cultivable land, fisheries, etc. and therefore, the respondent had prayed for a monthly maintenance allowance of Rs. 20,000/- for herself and Rs. 10,000/- per month each for her two minor daughters.

7. The present petitioner contested the claim of the respondent by filing written statement in the proceeding under Section 125 of the Code of Criminal Procedure, 1973, wherein he denied the allegations levelled against him. It was also stated in his written statement that the respondent is a luxurious and characterless lady and used to quarrel with him and his family members. He denied the allegation that the petitioner subjected the respondent to cruelty.

8. He also stated in his written statement that he was drawing a salary of Rs.42,917/- per month and was unable to pay monthly maintenance allowance to the respondent as claimed by her.

9. Upon pleadings of both the parties, the learned Principal Judge, Family Court, Barpeta formulated following point for determination: i. Whether the first party and her two minor daughters are entitled to maintenance from second party and if so, what would be the just maintenance?

10. In support of her submission, the respondent examined herself as PW-1, whereas the petitioner failed to adduce any evidence in spite of sufficient opportunity being afforded to him for the same.

*Rest of the document can be viewed at: (http://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpLX2QcSCr9yF9uvx1YoLDRTJGwCKkoYniNEI0Jyr3tul&caseno=Crl.Rev.P./163/2023&cCode=1&cino=GAHC010085702023&state_code=6&appFlag=)

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