BHARAT CHANDRA BORDOLOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Dr. B. Ahmed, learned counsel for the petitioner, who has filed this application under Sec. 482 of the Cr.P.C. read with Article 227 of the Constitution of India.

(2.) By the said application, a challenge has been made to an order dtd. 25/3/2021 passed by the learned District Judge, Sonitpur, Tejpur in Misc. Q.) Case No. 36/2019 whereby an amount of Rs.15,000.00 (Rupees Fifteen Thousand) per month as maintenance has been granted with a rider that the previous maintenance of Rs.4,001.00 (Rupees Four Thousand One) in favour of the respondent No. 2 and Rs.20,000.00 (Rupees Twenty Thousand) as expanses towards cost of litigation which was granted in a petition under Sec. 125 of the Cr.P.C. has to be deducted.

(3.) Dr. Ahmed, the learned counsel for the petitioner by placing reliance upon the guidelines laid down by the Hon'ble Supreme Court in the case of Rajnesh Vs. Neha and Ors. reported in (2021) 2 SCC 324, contends that there is a requirement for disclosing the maintenance received in any other proceedings. The learned counsel submits that there was no disclosure of the fact that in the proceeding initiated under Sec. 125 of the Cr.P.C, maintenance at the rate of Rs.4,001.00 (Rupees Four Thousand) per month along with the litigation expenses of Rs.20,000.00 (Rupees Twenty Thousand) was already granted. In this connection, the learned counsel has drawn the attention of this Court to the written objection filed by the petitioner in the instant Misc. Q.) Case No. 36/2019 which is the proceeding under Sec. 24 of the Hindu Marriage Act, 1955.