ASIF ALI MIR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B. Deka, learned counsel for the petitioner and Mr. N. Deka, learned counsel for the respondent No. 2. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, Assam, appearing for the State respondent No. 1.

(2.) This revision petition under Sec. 397 of the Cr.P.C. read with Ss. 401/482 Cr.P.C. is directed against the order dtd. 21/9/2016, passed by the learned Principal Judge, Family Court, Kamrup, Guwhati, in a maintenance case preferred by the respondent No. 2 under Sec. 125 of the Cr. P.C., which was registered as F.C. (Crl.) Case No. 556/2009, wherein the learned Principal Judge, Family Court by an interim order dtd. 5/10/2010 had directed the opposite party, who is the petitioner herein, to pay school fees, tuition fees of the children directly to the school wherein the children was studying. In addition thereto, Rs. 6,000.00 (Rupees six thousand) only per month has also been directed to pay to the respondent No. 2 with effect from the date of order dtd. 5/10/2010.

(3.) During the pendency of the aforesaid case, on an application filed by the respondent No. 2 which was registered as Petition No. 401/2016, the learned Principal Judge, Family Court, Guwahati by an order dtd. 21/9/2016 had interpreted the order dtd. 5/10/2010 to have included the private tuition fees incurred by the children. The aforesaid order dated 21/9/2016, passed by the learned Principal Judge, Family Court, Kamrup, Guwahati in F.C. (Crl.) Case No. 5506/2009, is under challenge.