Kalpa Jyoti Baruah v. Puja Das

ORDER

27.03.2024 Heard Ms. T Som, learned counsel fo-r the petitioner. By this application filed under Section 397 read with Section 401 of the CrPC, the petitioner, Sri Kalpa Jyoti Baruah, has challenged the order dated 07.02.2024 passed by the learned Principal Judge, Family Court No. 2, Kamrup (M), Guwahati in Ex. (Crl) Case No. 03/2022 in F.C. (Crl.) Case No. 40/2020. The petitioner being the husband of the respondent was directed to pay maintenance to his wife but he failed to pay. Therefore, the petitioner was sentenced to undergo imprisonment until payment of the arrear of the maintenance allowance. Section 125 (3) of the CrPC prescribes that such a person may be sentenced to undergo imprisonment for maximum period of one month only or until payment if sooner made. On the face of the record, the impugned order is bad in law. Therefore, the impugned order dated 07.02.2024 passed by the learned Principal Judge, Family Court No. 2, Kamrup (M), Guwahati in Ex. (Crl) Case No. 03/2022 in F.C. (Crl.) Case No. 40/2020 is modified. Accordingly, the direction directing the petitioner for imprisonment until payment of the arrear of maintenance allowance is set aside. The Page No.# 3/3 petitioner is directed to pay ¼th of the total arrear amount within a period of 1(one) month from today. The warrant for imprisonment shall be recalled. With the above, the criminal revision petition is disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010061472024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./120/2024 KALPA JYOTI BARUAH S/O BAPU RAM BARUAH R/O VILL- NIZ HAJO P.O. AND P.S. HAJO DIST. KAMRUP, ASSAM PIN-781102 VERSUS PUJA DAS D/O SUBAL DAS R/O VILL- NIZ HAJO BEZTOLA P.O. AND P.S. HAJO DIST. KAMRUP, ASSAM PIN CODE-781102 Advocate for the Petitioner : MS. T SOM Advocate for the Respondent : Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA