6. Mr. Ahmed, learned counsel for the petitioner submits that the petitioner has been working as a correspondent in a Batori Kakot at Guwahati and his monthly income, as determined by the learned Principal Judge, Family Court, Barpeta in F.C.[Crl.] Case No.104/2020, under Section 125 of the Cr.P.C., dated 18.01.2023, is Rs.12,000/- and that in the said proceeding under Section 125 of the Cr.P.C., the learned court below has directed the petitioner to pay maintenance to the son of the respondent No.2 @ Rs.2,000/per month and that in view of the Exe Parte final order dated 18.07.2018, passed by the learned Judicial Magistrate First Class, Barpeta, in C.R. Case No.1059/2016, the petitioner has to pay a sum of Rs.6,000/- and if the total income of the petitioner is Rs.12,000/- out of which he has to pay a sum of Rs.8,000/[6,000/- + 2,000/-] to the respondent No.2, then nothing will remain with the petitioner. Mr. Ahmed further submits that there is a chance of amicable settlement between the parties and the petitioner is also ready to pay a sum of Rs.3,000/- per month and therefore, it is contended to set aside the impugned Exe Parte final order and remand back the same to the learned trial court to hear the matter afresh and to pass a fresh judgment.
