SRI CHAMPAK DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. G Borah, learned counsel for the petitioner and Mr D Sarmah, learned counsel for the respondent No. 2. Also heard Mr B Sarma, learned Additional Public Prosecutor appearing on behalf of the State of Assam/respondent No. 1.

(2.) The petitioner has preferred an application under Sec. 482 of the Code of Criminal Procedure, 1973, for quashing of the order dtd. 28/10/2021, passed by the learned Sessions Judge, Jorhat, in Criminal Revision Case No. 04/2019, directing the petitioner to pay the maintenance @ Rs.3,200.00 (Rupees Three Thousand Two Hundred Only) to the wife of the petitioner as per order of this Court as well as to pay an amount of Rs.5,000.00 (Rupees Five Thousand) only as per order of the learned JMFC, in favour of the respondent, for maintenance of his daughter/respondent No. 2.

(3.) The brief facts of the case is that the petitioner is an employee of Katolgoorie Tea Estate under Assam Company India Limited in the district of Jorhat and as such, the petitioner is residing at Staff Line Quarter No. 029, allotted by the Company. The petitioner is the father of the respondent No. 2 and the petitioner had initiated a divorce suit against his wife being Title Suit(M) No. 59/2009. The petitioner and his wife finally in Case No. CRP 310/2011, came to a settlement and on the basis of the terms and conditions of settlement dtd. 10/4/2012, this Court passed an order dtd. 25/4/2012, whereby the marriage between the petitioner and his wife was dissolved and the petitioner was directed to pay maintenance @ Rs.3,200.00 to his wife, i.e., mother of the respondent No. 2. The petitioner, abiding by the terms and conditions of the settlement dtd. 10/4/2012, before the Mediation Centre of Gauhati High Court, has been paying Rs.3,200.00 to the mother of the respondent No. 2.