SHOHIDUL ISLAM Vs. MEHERA KHATUN

JUDGEMENT

(1.) This Criminal Revision Petition has been registered on filing of an application, under Sec. 397/401/482 of the Code of Criminal Procedure, 1973 read with Article 227 of the Constitution of India, by the petitioner Shohidul Islam, impugning the Judgment dtd. 8/11/2019, passed in F.C.(Crl.) Case No. 677/2018, by the learned Principal Judge, Family Court No. 2, Guwahati, whereby the present petitioner was directed to pay monthly maintenance allowance of Rs.3000.00 (Rupees Three Thousand) to the present respondent from the date of the said Judgment. The present petitioner was also directed, by the impugned Judgment, to clear the payment of entire arrear interim maintenance allowance within 2(two) months from the date of the Judgment.

(2.) The facts relevant for adjudication for Criminal Revision Petition in brief are as follows:-

(3.) Mr. M.U. Mahmud, learned counsel for the petitioner has submitted that the present petitioner was unaware of the impugned Judgment dtd. 8/11/2019, which was passed ex-parte, as 'his' Amicus Curiae gave wrong dates to him and when the petitioner came to know about the Judgment, he filed a petition for certified copy of the impugned Judgment on 22/11/2019 and he received the same on 3/12/2019. It is further submitted that petitioner fell ill and from 2/9/2019, he was suffering from fever and jaundice. It is further submitted that, thereafter, the petitioner handed over all the documents to his newly engaged 'Amicus Curiae' for vacating the ex-parte order dtd. 18/2/2020. However, he was informed that his petition may not be entertained therefore, he could not approach Family Court No. 2 for vacating the ex-parte order.