MD. RAZAUL KARIM Vs. (MST.) FARIDA KHATOON

JUDGEMENT

(1.) By order, dated 19.11.2005, passed, in FC (Cri.) Case No. 122/03, which arose out of an application made by the opposite party herein, as first party, seeking maintenance, under Sec. 125, Code of Criminal Procedure from the present Petitioner, as second party, the learned Principal Judge, family court, Guwahati, passed an order directing the present Petitioner to pay, as second party in the said maintenance Proceeding, a sum of Rs. 600 per month, as maintenance allowance, to the opposite party from the date of making of the application seeking maintenance.

(2.) As the present Petitioner had failed to comply with the directions, given in the order, dated 19.11.2005, aforementioned, the learned court below issued, in course of time, warrant of arrest against the Petitioner and the Petitioner was accordingly arrested, on 9.6.2008, due to the non-payment of maintenance allowance. Upon expiry of a period of one month from the date of his arrest, the Petitioner applied to the learned court below for his release, but this petition has been rejected by order, dated 9.7.2008, passed by the learned court below. It is this order, dated 9.7.2008, which stands impugned in this revision.

(3.) Heard Mr. M.H. Ahmed, learned Counsel for the Petitioner, and Mr. Z. Kamar, learned Additional Public Prosecutor, Assam.