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2023 Supreme(Gau) 611

ROBIN PHUKAN
Md. Azgar Ali, S/o. Md. Abed Ali – Appellant
Versus
State of Assam, Rep. by the P. P. , Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. D. Saikia (Amicus Curiae).

JUDGMENT :

Heard Ms. D. Saikia, learned Amicus Curie; Mr. P.S. Lahkar, learned Addl. P.P. for the State respondent No. 1; and Mr. R. Islam, learned counsel for the respondent No. 2.

2. In this petition, under sections 397/401 read with section 482 of the Cr.P.C., the petitioner has to put to challenge the judgment and order, dated 22.04.2019, passed by the learned Additional Sessions Judge No. 2, Kamrup [M], Guwahati, in Criminal Appeal No. 86/2018. It is to be noted here that vide impugned judgment and order, dated 22.04.2019, the learned Additional Sessions Judge No. 2, Kamrup [M], Guwahati has dismissed the appeal preferred by the petitioner under section 29 of the Protection of Women from Domestic Violence Act, 2005. It is also to be noted here that vide impugned order, dated 22.05.2018, the learned Judicial Magistrate First Class, Kamrup [M], Guwahati in D.V. Case No. 116M/2017, directed the petitioner to pay a sum of Rs. 5,000/- per month, as interim maintenance to the respondent No. 2.

3. The background facts leading to filing of the present petition are adumbrated here in below:-

    “The respondent No. 2, Miss Asmina Khatun got married with the petitioner on 23.02.2017, by execute

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