Hitesh Deka @ Mushaharia vs Jinu Deka

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Gau) 109

ARUN DEV CHOUDHURY
Hitesh Deka @ Mushaharia – Appellant
Versus
Jinu Deka – Respondent

Advocates Appeared:
MR. Y S MANNAN, MS N DEKARAJA, MR N J DUTTA, MR M AHMED, N. CHOUDHURY, MR A. ALI

JUDGMENT :

ARUN DEV CHOUDHURY, J.

1. Heard Mr. Y. S. Mannan, learned counsel for the petitioner. None appears for the respondent wife.

2. The present petition is filed by the petitioner assailing a judgment dated 27.02.2020 passed by the learned Sessions Judge, Udalguri in Criminal Revision No. 5/2017. By the aforesaid revisional order, the revision preferred by the respondent against judgment dated 7.6.2017 passed by the learned SDJM, (S) Udalguri in MR Case No. 21/2015 was modified by granting maintenance to the respondent wife, which was originally denied by the learned Magistrate on the ground that she is living in adultery, though maintenance in favour of minor child was granted by the Trial Magistrate.

3. The respondent wife filed MR Case No. 21/2015 under Section 125 Cr.P.C., before the learned Sub Divisional Judicial Magistrate (S) Udalguri, seeking maintenance for herself and for her minor daughter. In the aforesaid proceeding, the petitioner as respondent filed written statement. In his written statement, though he admitted the respondent to be his wife and that he had fathered the minor daughter, however, raised an issue that his wife is l