Disposed

Ashutosh Dubey v. Purnima Barman

Gauhati HC1 Nov 2021I.A.(Crl.)/520/2020

Case brief

AI extract

What is this about?

This interlocutory application sought modification of a prior order requiring maintenance payment conditioning within a criminal revision petition. The court allowed the applicant to approach the lower court for an alteration of the maintenance order under Section 127 CrPC due to diagnosed schizophrenia.

What did the court decide?

Applicant is at liberty to move the lower court for alteration or modification of the maintenance order under Section 127 CrPC.

Ashutosh Dubey Vs Purnima Barman — Maintenance and Alimony | Gauhati HC (2021)

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Page No.# 1/2

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GAHC010157972020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Crl.)/520/2020

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Crl. Rev. Petition No.505 of 2019

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ASHUTOSH DUBEY

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S/O. SRI ANGAD DUBEY, R/O. 270 KACCHI BASTI, MAL GODAM, COPPER GANJ, KANPUR NAGAR, UTTAR PRADESH-208001

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VERSUS

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PURNIMA BARMAN

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D/O. BIMAL BARMAN, NO.1 DONGAGAON, PO KOLIAGAON, PS BIJNI, DIST. CHIRANG, ASSAM, PIN 783390

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Advocate for the Petitioner : MR. R DE

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Advocate for the Respondent : MR. S BHUYAN

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B E F O R E

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HON’BLE MR. JUSTICE HITESH KUMAR SARMA

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01-11-2021

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Heard Mr. R. Dey, learned counsel for the applicant. Also heard Mr. A. Kundu, learned counsel appearing for the respondent.

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Page No.# 2/2

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This an application inter alia for modification of the order dated 20.11.2019, passed in I.A. (Crl.) No.1020/2018, by this Court condoning the delay in filing the connected criminal revision petition subject to payment of the maintenance allowance by the applicant. However, learned counsel for the applicant has stated that the applicant is a schizophrenia and he has not been able to comply with the aforesaid order dated 20.11.2019 because of his such ailment and, therefore, he has sought for modification of the order dated 20.11.2019 in order to enable him to contest the case on merit in the interest of justice.

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Considering the grounds taken in the connected criminal revision petition challenging the final order passed in the proceedings Section 125 of the Code of Criminal Procedure against the petitioner-applicant and in favour of his wife-respondent and since a ground has been taken that the applicant has been suffering from schizophrenia, in the considered view of this Court, the applicant is at liberty to move the learned Court below with an appropriate application under Section 127 of the Code of Criminal Procedure for alteration/modification etc. of the order granting maintenance.

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That being so, this Court disposes of this interlocutory application with the above observation.

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JUDGE

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Comparing Assistant

Ashutosh Dubey v. Purnima Barman

Case brief

What is this about?

What did the court decide?

Ashutosh Dubey v. Purnima Barman

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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