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IN THE GAUHATI HIGH COURT HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MITALI THAKURIA
Rashidul Islam S/O Late Sadek Ali – Appellant
Versus
Saniara Begum D/O Sahed Ali – Respondent
| Table of Content |
|---|
| 1. basis for maintenance claim. (Para 2 , 3) |
| 2. arguments regarding maintenance and income. (Para 4 , 5 , 6 , 7 , 8) |
| 3. court evaluation of evidence. (Para 9 , 10) |
| 4. validation of maintenance order. (Para 11) |
| 5. final dismissal of the petition. (Para 12) |
JUDGMENT :
MITALI THAKURIA, J.
1. Heard Mr. M.U. Mahmud, the learned counsel for the petitioner. Also heard Mr. H.A. Ahmed, the learned counsel for the respondent.
2. This is an application u/s 438/442 BNSS challenging the impugned Final Order dated 19.06.2024 passed by learned Principal Judge, Family Court, Barpeta in F.C.(Crl.) Case No. 609/2022 u/s 125 Cr.PC whereby the petitioner was directed to pay maintenance allowance @ Rs. 10,000/- per month to the respondent from the date of filing of the application.
3. The case of the petitioner in brief is that the respondent filed an application u/s 125 Cr.PC seeking maintenance @ Rs. 30,000/- per month before the learned Principal Judge, Family Court, Barpeta with the allegation that only after 20 days of their marriage, she was subjected to cruelty on the instigation of the petitioner’s mother. It is further stated that the petitioner is a CISF employee and during her stay wi
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