JUDGMENT :

Heard Mr. U.J. Saikia, learned counsel for the petitioner. Also heard Mr. N.J. Khataniar, learned counsel for the respondent.

2. The petitioner being the husband of the respondent/wife filed an application under Section 401 Cr.P.C. against the judgment and order dated 07.05.2021 passed by the learned Principal Judge, Family Court II, Kamrup(M) in F.C.(Crl.) Case No. 377/2016 granting maintenance of Rs.7,000/- per month to the respondent/wife and for her child.

3. The respondent/wife filed an application under Section 125 Cr.P.C. before the Family Court praying for granting maintenance for her and her minor child on the ground that she was unable to maintain herself. In the said petition, the respondent/wife contended that she got married to the petitioner and after their marriage, they lived together as husband and wife and out of their wedlock, a male child was born. It was alleged by the respondent/wife that the petitioner and his sister demanded money from the respondent/wife amounting to Rs.4 lakh to set up a new business for the petitioner and when the respondent/wife expressed her inability to fulfill the demand, the petitioner and his family members assaulted her