Iyanur Haque, S/o. Aynal Haque vs State of Assam, Represented by the P. P. , Assam

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Gau) 707

ROBIN PHUKAN
Iyanur Haque, S/o. Aynal Haque – Appellant
Versus
State of Assam, Represented by the P. P. , Assam – Respondent

Advocates Appeared:
For the Petitioner: Mr. M.U. Mondal, Ms. N. Nasrin, Mr. I.H. Khan, Mr. A. Alim Sk.
For the Respondent: Dr. G.J. Sharma, Mr. N. Barman, Mr. S. Hussain, PP, Assam.

JUDGMENT :

Heard Mr. A. Alim Sk, learned counsel for the petitioner. Also heard Mr. A. Bhattacharyya, learned counsel appearing for the respondent No.2 and Mr. B. Sarma, learned Additional Public Prosecutor, Assam, appearing for respondent No.1.

2. In this petition, under Section 401, read with Section 397 of the Code of Criminal Procedure, the petitioner Mr. Iyanur Haque has put to challenge the judgment and order dated 29.09.2022 passed in F.C.(Crl.) No.147/2021 by the learned Principal Judge, Family Court, Barpeta. It is to be noted here that vide impugned judgment and order, the learned Court below has directed the petitioner to pay a sum of Rs.6,000/- per month being the maintenance to the respondent No.2 Smt. Enuwara Begum, under Section 125 Cr.P.C.

3. The background facts leading to filing of the present criminal revision petition is briefly stated as under:-

“The petitioner herein got married with the respondent No.2 on 09.03.2017, and after few days of the marriage, marital discord surfaced between them. The petitioner, on being instigated by his family members, used to subject the respondent No.2 to cruelty, and thereafter, the petitioner took the respondent No.2 to his place

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