ABDUL KUDDUSH SK Vs. STATE OF ASSAM
LAWS(GAU)-2018-11-115
HIGH COURT OF GAUHATI
Decided on November 29,2018

Abdul Kuddush Sk Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Rumi Kumari Phukan, J. - (1.) Heard Mr. M A Sheikh, learned counsel for the petitioner. Also heard Mr. I A Talukdar, learned counsel for the respondent No. 2.
(2.) Present revision petition has been preferred against the judgment and order dated 05.03.2016 passed by Learned SDJM, (M) Gossaigaon, in Misc Case No. 04/2015 whereby the petitioner is directed to pay a sum of Rs. 4,500/- per month to the Opposite Party No. 2/ his wife from the date of the order.
(3.) The Petitioner and the respondent No. 2 are legally married couple and their marriage was solemnized in the year 2000 and out of their wedlock, 3 children were born aged about 14 years, 11 years and 5 years respectively. In the year 2014 for the purpose of providing proper school education, the parties begun to reside in a rented house Saharghutu under Simultapu Out Post, although, they belongs to Rimijhimighat, at Chirang. On 11.02.2015, the respondent/wife filed the maintenance petition before the Court of SDJM, at Gossaigaon praying for maintenance from the present petitioner/husband alleging inter alia that since birth of 3rd child, the present petitioner demanded Rs. 1,00,000/-for the job of his brother and as the same could not be paid by her, she was subject to cruelty for which there was disturbance of the family. It is stated that suddenly the petitioner decided to stay at the rented premises at Srirampur and the brother of the petitioner misbehaved her by demanding the said money. It is alleged that the petitioner asked his wife to bring the demanded money within 18.12.2014, failing which, she will face dire consequences and after few days the present petitioner ousted his wife from the rented premises and having no alternative she went to her maternal uncle's house at Dhubri and took shelter. Thereafter her parents took her to their parental house and the petitioner refused to accept her besides their approach. It is stated that the petitioner being a Govt. Servant, having a salary of Rs. 25,000/- per month, being a headmaster of the school has neglected his wife to maintain for which she prayed for maintenance of Rs. 7,000/- per month.;


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