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2023 Supreme(Gau) 693

SUSMITA PHUKAN KHAUND
Yakub Ali, S/o Marhum Mujib Ali – Appellant
Versus
Rabia Begum W/o Yakub Ali – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. I C DEKA
For the Respondent: MR S AHMED

JUDGMENT :

1. Heard Mr. I.C. Deka, learned counsel for the petitioner and Mr. M.R. Sodial, learned counsel for the sole respondent.

2. The petitioner has filed this criminal revision petition under Section 397, 401 read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) and Article 227 of the Constitution of India. The final order dated 28.02.2023 passed in Misc. Case No. 50/2020 u/s 125 of the Cr.PC by the Judicial Magistrate, 1st Class at Jorhat has been challenged by the petitioner. The petitioner was directed to pay Rs. 7,000/-per month as monthly maintenance to the respondent from the date of filing of petition.

3. The genesis of the case was that the petitioner’s marriage was solemnised with the respondent on 16.10.2019 as per ‘Shariat’ by executing a Kabilnama. Seven days after their marriage, the petitioner sold the ring given to the respondent on her marriage to repay a loan of Rs. 6 lacs. After four days the petitioner also pressurised the respondent to sell her jewellery which she brought as Mohrana and when the respondent refused to sell her jewellery, the petitioner subjected her to cruelty and demanded dowry from her parental home. The responden

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