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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MRIDUL KUMAR KALITA
Sanjib Kumar Deka – Appellant
Versus
State Of Asssam, Rep By The PP, Asssam – Respondent
| Table of Content |
|---|
| 1. hearing and introduction of criminal petition (Para 1 , 2) |
| 2. maintenance claims and proceedings (Para 3 , 4 , 5) |
| 3. challenges regarding interim maintenance amounts (Para 6 , 7 , 8) |
| 4. defendant's arguments on maintenance orders (Para 9 , 10) |
| 5. court's considerations regarding overlapping jurisdictions (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 6. court's order to re-evaluate factors for maintenance (Para 17 , 18 , 19 , 20) |
JUDGMENT :
MRIDUL KUMAR KALITA, J.
1. Heard Mr. D. P. Chaliha, the learned senior counsel assisted by Ms. M. Roy, learned counsel for the petitioner. Also heard Mr. K. Baishya, the learned Additional Public Prosecutor for the State respondent as well as Mr. T. Deuri, learned counsel for the respondent No. 2.
2. This Criminal Petition, under Section 528 of the BNSS read with Article 227 of the Constitution of India has been filed by the petitioner, namely, Sanjib Kumar Deka, impugning the order dated 21.12.2024 passed by the learned Judicial Magistrate First Class, Kamrup(M) at Guwahati in DV Case No. 156/2023 whereby the petitioner was directed to pay an interim maintenance allowance of Rs.23,000/- (Twenty Three Thousand) only to the respondent No. 2 and her
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