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2023 Supreme(Gau) 635

ROBIN PHUKAN
Bhola Nath Rai, S/o. Lt. Tulu Chandra Ray – Appellant
Versus
Tutumoni Sonowal – Respondent


Advocates Appeared:
For the Petitioner: Mr. S.K. Deka.
For the Respondent: Mr. B. Borgohain.

JUDGMENT :

Heard Mr. J. Deka, learned counsel for the petitioner and also heard Ms. S.G. Baruah, learned counsel appearing for the respondent No.1.

2. In this petition, under Section 401 read with Sections 397 & 482 of the Code of Criminal Procedure, 1973, petitioner - Shri Bhola Nath Rai, has put to challenge the correctness or otherwise of the judgment and order dated 06.01.2016, passed by the learned Judicial Magistrate 1st Class at Jorhat in Misc. Case No.5/2015, whereby the learned Magistrate directed the petitioner to pay a sum of Rs.4,000/- (Rupees four thousands) per month, to the respondent No.1, as maintenance from the date of the order.

3. The factual background, leading to filing of the present revision petition, is adumbrated herein below:-

    “Smti. Tutumoni Sonowal, the respondent No.1 here-in got married with the petitioner on 26.05.2008, as per social rites and lived together with him as husband and wife in a rented house in Titabor Town of Jorhat District. After the marriage, the petitioner started torturing her both mentally and physically; demanding dowry and he also tried to kill her. Thereafter, the petitioner was transferred to Dhubri and leaving behind the responde

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