GOLAP HUSSAIN Vs. ROUSHANARA BEGUM

JUDGEMENT

(1.) The instant revision petition has been filed against a final order dtd. 30/5/2025 passed by the learned Family Court, Barpeta in a proceeding under Sec. 125 CrPC [corresponding to Sec. 144 BNSS, 2023] registered as F.C. (Crl.) Case No. 509/2022. By the aforesaid order, maintenance @ Rs.7,000.00 to the second party - wife and an equivalent amount for the daughter have been granted.

(2.) The facts which have revealed from the case records are that that the second party- wife had instituted the aforesaid proceeding by filing a complaint before the learned Family Court, Barpeta. It was averred that the second party was forced to leave the matrimonial house on 23/3/2022 along with her daughter due to torture and was staying at her parental house. It is also averred that the only daughter was attending the school and there was no sufficient means to maintain themselves and accordingly, the prayer was made for grant of maintenance allowance @ Rs.10,000.00each to the complainant as well as to the daughter. The complaint was opposed by filing a written statement.

(3.) The complainant - first party had adduced evidence through two witnesses, namely herself and her brother. In their testimonies, it was deposed that on 23/3/2022, the second party drove her out from the matrimonial house with her minor child. It has been further deposed that the second party was making unlawful demands of land and used to torture her for not fulfilling the demands and such torture had aggravated day by day. It has also been stated that the second party was an Advocate practicing in the Barpeta District Court and was earning about Rs.50,000.00per month and also has land and property. In the cross-examination, however, she had revealed that she was working as a volunteer in the Tally Education Program and was earning Rs.2,000.00 per month and this fact was not disclosed in the Assets and Liability statement. She had also stated that the second party was appointed as a Teacher in the Ratnadeep Junior College, Kahibari, which is a venture school and the daughter was admitted to the Jururam Pathak Girls High School, Barpeta.