THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. MD. INAMUL ISLAM AND 2 ORS
Case at a glance
- Bench
- SANJEEV KUMAR SHARMA
- Neutral citation
- 2025:GAU-AS:16510
Outcome
Allowed
Accordingly, this interlocutory applications stands allowed
Provisions considered
Key paragraphs
- Para 99. Accordingly, this interlocutory applications stands allowed and disposed. JUDGE Comparing Assistant
Judgment
Advocate for the Petitioner : MR. M A SHEIKH, MS F INTAZ,MR. W A SHEIKH Advocate for the Respondent : MR J C BORAH, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
02.12.2025 ORDER Page No.# 2/3
Heard Mr. M.A. Sheikh, learned counsel for the applicant as well as Mr. J.C. Borah, learned counsel for the respondent.
This interlocutory application has been filed by the applicant, namely, Musstt. Fatema Khatun, seeking vacation of the order stay dated 16.07.2025, passed in the connected Criminal Revision Petition No.252/2025.
The said revision has been preferred by the petitioner challenging an order dated 02.03.2023, passed by the learned Sessions Judge, Morigaon in Criminal Appeal No.13/2022, whereby the judgment dated 05.08.2022, passed by the learned Additional CJM, Morigaon in CR(CV) No.687/2017 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 was set aside and it was inter-alia directed that a maintenance amount of Rs.4000/- shall be paid to the respondent and their child.
While issuing notice in the instant case by order dated
16.07.2025, the impugned judgment dated 02.03.2023 in Criminal Appeal No.13/2022 was stayed by this Court till returnable date.
It appears that the aforesaid order of stay was till the returnable date, which was after 4(four) weeks from 16.07.2025, a period that has long expired.
I have perused the impugned judgment passed by the Page No.# 3/3 learned Sessions Judge, Morigaon, wherefrom it appears that the learned Sessions Judge after due consideration of evidence on record had passed the impugned order including an order for maintenance of Rs.4000/- per month for the respondent and their child.
Having regard to the submissions of the learned counsel for the petitioner as well as the respondent, I am of the view that stopping the payment of maintenance amount might result in vagrancy of the respondent and until the matter is finally decided the respondent is in need of maintenance for her survival as well as for the survival of the child.
Keeping the same in view, the order of stay dated
16.07.2025 is hereby vacated.
Operative part
Accordingly, this interlocutory applications stands allowed and disposed. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this interlocutory applications stands allowed
Which statutory provisions did this judgment involve?
Protection of Women from Domestic Violence Act, 2005 — s. 12.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.