PRINCIPAL SEAT AT GUWAHATI
PRANJIT KUMAR – Appellant
Versus
SABITA DAS KUMAR – Respondent
ORDER
Date : 28-08-2023 Heard Mr. B.D. Konwar, learned senior counsel assisted by Ms. H Baishya, learned counsel for the petitioner.
This is an application under section 397 Cr.P.C read with section
19(4) of the Family Courts Act, 1984 praying for revision of the order dated 02.08.2023 passed by the learned Principal Judge, Family Court-II, Kamrup (M), Guwahati in F.C (Crl) Case No.490/2022 under section 125 Cr.P.C whereby a direction was issued to pay maintenance amount of Rs.13,000/-
to the petitioner.
The limited grievance raised by the petitioner is that the aforesaid order of maintenance has been passed on the basis of the oral submission of the petitioner that his salary is Rs.40,000/- however, Mr. Konwar, learned counsel for the petitioner submits that interim maintenance cannot be decided in that way in view of the dictum of the hon’ble Apex Court in the case of Rajneesh Vs. Neha reported in (2021) 2 SCC 324 wherein it is mandated that the assets and liabilities of both the parties are to be taken into note on the basis of an affidavit framed in terms of the aforesaid judgment.
That being the limited grievance, this court is of the view that the present petition can be disposed o
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