BISWAJIT DEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal petition, filed under Section 482 of the Code of Criminal Procedure, 1973, has raised certain issues with respect to the procedure to be followed by the Family Courts, while hearing an application for maintenance allowance and for other reliefs. Heard Mr. B.M. Choudhury, learned counsel for the petitioner (husband) and Mr. A.K. Purkayashtha, learned counsel for the respondent No. 2 (wife). The State of Assam is a formal party and it was represented by Mr. BB Gogoi, learned Additional Public Prosecutor for the State. In view of the legal issues raised in the Criminal Petition, Gauhati High Court was also impleaded as Respondent No. 3 and it was represented by Mr. N. Choudhury, learned Standing Counsel.

(2.) The criminal petition stems out of summary procedure being followed by the Family Courts in recording the statements of witnesses through Counselors and that too without allowing the parties to take the assistance of counsels.

(3.) Respondent No. 2 herein filed an application in the Family Court, Kamrup, Guwahati under Section 125 of the Code of Criminal Procedure, 1973 (in short 'CrPC') seeking maintenance allowance for herself pleading that she is the legally wedded wife of the petitioner and her husband has wilfully refused and neglected to maintain the respondent despite having sufficient means and income.