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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
PRANJAL DAS
Tufazzul Hussain, S/o. Samej Uddin – Appellant
Versus
Fulmala Khatun, W/o. Tufazzul Hussain, D/o. Late Chand khan – Respondent
JUDGMENT :
Pranjal Das, J.
Heard Mr. S.C. Biswas, learned counsel for the petitioner. Also heard Ms. T. Begum, learned counsel for the respondent.
2. The petitioner Tufazzul Hussain is invoking the revisional jurisdiction under section 438/442 of BNSS 2023, aggrieved by the order dated 17.03.2025, passed by the learned Principal Judge, Family Court, Barpeta, in F.C. (Crl.) Case No. 356/2020, directing him to pay monthly maintenance of Rs.3000/- to the respondent, Fulmala Khatun, w.e.f 17.11.2021.
3. Before going further, the facts giving rise to the present proceeding may be noticed. The respondent as 1st party filed the petition before the learned Family Court, Barpeta under Section 125 Cr.P.C. seeking maintenance and claiming to be the wife of the petitioner/2nd party. Her contention was that the petitioner/2nd party married her under Islamic Law and subsequently, she also stayed with him in his house. However, the petitioner and his other wife tortured her and pushed her out of that house. The 1st party also made allegations of illegal demand for money made by the petitioner, stated to be her husband.
4. It was contended by the respondent/1st party that she was unable to maintain her
In maintenance proceedings under Section 125 Cr.P.C., strict proof of marriage is not necessary, but reasonable evidence of divorce from a previous spouse is required to establish marital status.
Second marriage - Maintenance - Liability of - If wife makes a plea that she was not informed about previous marriage of her husband, that shall be of no avail - Purpose of claiming maintenance under....
Power to adjudicate on the issue of maintenance has been given, at the first instance, to the Magistrate, who may upon being satisfied direct the concerned person to provide such maintenance/monthly ....
Proceeding under Section 125 Cr.P.C. is available to revisionist once she had taken resort to proceeding under Section 125 Cr.P.C.
A wife must demonstrate sufficient reason to refuse cohabitation with her husband to be entitled to maintenance under Section 125 of the Cr.P.C.
Point of Law : The principles of Hindu Personal Law have developed in an evolutionary way out of concern for all those subject to it so as to make fair provision against destitution. The manifest pur....
A husband is legally obligated to maintain his wife and children under Section 125 Cr.P.C., and claims of financial incapacity must be supported by credible evidence; failure to do so can result in t....
The main legal point established in the judgment is that a woman in the position of the petitioner, as the second wife, is entitled to maintenance under Section 125 of Cr.P.C. even if the husband sup....
The main legal point established in the judgment is the entitlement of the wife to maintenance under Section 125 Cr.P.C. despite the divorce decree and permanent alimony awarded under the Hindu Marri....
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