Musstt. Fatema Khatun Vs Md. Inamul Islam and 2 Ors. — Domestic Violence | Gauhati HC (2025)

Musstt. Fatema Khatun Vs Md. Inamul Islam and 2 Ors. — Domestic Violence | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Vacation of the stay order dated 16.07.2025 passed in connection with Criminal Revision Petition No.252/2025, restoring the effect of the Sessions Judge, Morigaon's order dated 02.03.2023 directing maintenance of Rs.4000/- per month to the respondent and the child pending final decision of the revision; the interlocutory application stands allowed and disposed.

Issue for consideration

Whether the interim stay order dated 16.07.2025, passed while issuing notice in the connected Criminal Revision Petition No.252/2025 and staying the Sessions Judge, Morigaon's judgment dated 02.03.2023 in Criminal Appeal No.13/2022, should be vacated so that the maintenance of Rs.4000/- per month resumes pending final decision of the revision.

Court's answer

On perusal, the learned Sessions Judge, after due consideration of the evidence on record, had passed the impugned order including an order for maintenance of Rs.4000/- per month for the respondent and their child.

Ratio / Principle

Stopping the payment of the maintenance amount might result in vagrancy of the respondent, who, until the matter is finally decided, is in need of maintenance for her survival as well as for the survival of the child.

Key takeaways

The order of stay dated 16.07.2025 is hereby vacated.ratio¶¶26

Detailed headnote1 paragraphs

GAUHATI HIGH COURT (Sanjeev Kumar Sharma, J.) — I.A.(Crl.)/1030/2025, decided 02.12.2025: Musstt. Fatema Khatun, applicant, sought vacation of the stay order dated 16.07.2025 by which the High Court, while issuing notice in connected Criminal Revision Petition No.252/2025, had stayed till returnable date the judgment dated 02.03.2023 of the learned Sessions Judge, Morigaon in Criminal Appeal No.13/2022. That judgment had set aside the order dated 05.08.2022 of the learned Additional CJM, Morigaon in CR(CV) No.687/2017 (filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005) and directed that maintenance of Rs.4000/- per month be paid to the respondent and their child. Observing that the stay was confined to the returnable date (about four weeks from 16.07.2025) and had long expired, that the Sessions Judge had passed the impugned order after due consideration of the evidence including the maintenance order, and that stoppage of the maintenance might result in vagrancy of the respondent, who together with the child needed maintenance for survival until final decision of the revision, the Court vacated the stay order dated 16.07.2025. The interlocutory application stands allowed and disposed.

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GAHC010208122025

2025:GAU-AS:16510

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

Case No. : I.A.(Crl.)/1030/2025

MUSSTT. FATEMA KHATUN D/O MD. JAMAL UDDIN R/O VILL- NO. 2 BORBORI, P.S. LAHARIGHAT, DIST. MORIGAON, ASSAM, 782127

VERSUS

MD. INAMUL ISLAM AND 2 ORS S/O MD. NUR ISLAM R/O VILL- NO. 2 BARBORI, P.S. LAHARIGHAT, DIST. MORIGAON, ASSAM

2:MD. NURUL ISLAM @ NUR ISLAM S/O LATE ABDUL GAFUR R/O VILL- NO. 2 BARBORI P.S. LAHARIGHAT DIST. MORIGAON ASSAM

3:MUSST. MAJIDA KHATUN W/O NURUL ISLAM @ NUR ISLAM R/O VILL- NO. 2 BARBORI P.S. LAHARIGHAT DIST. MORIGAON ASSA

Advocate for the Petitioner : MR. M A SHEIKH, MS F INTAZ,MR. W A SHEIKH

Advocate for the Respondent : MR J C BORAH,

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BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

ORDER

02.12.2025

1. Heard Mr. M.A. Sheikh, learned counsel for the applicant as well as Mr. J.C. Borah, learned counsel for the respondent.

2. This interlocutory application has been filed by the applicant, namely, Musstt. Fatema Khatun, seeking vacation of the order stay dated 16.07.2025, passed in the connected Criminal Revision Petition No.252/2025.

3. The said revision has been preferred by the petitioner challenging an order dated 02.03.2023, passed by the learned Sessions Judge, Morigaon in Criminal Appeal No.13/2022, whereby the judgment dated 05.08.2022, passed by the learned Additional CJM, Morigaon in CR(CV) No.687/2017 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 was set aside and it was inter-alia directed that a maintenance amount of Rs.4000/- shall be paid to the respondent and their child.

4. While issuing notice in the instant case by order dated 16.07.2025, the impugned judgment dated 02.03.2023 in Criminal Appeal No.13/2022 was stayed by this Court till returnable date.

5. It appears that the aforesaid order of stay was till the returnable date, which was after 4(four) weeks from 16.07.2025, a period that has long expired.

6. I have perused the impugned judgment passed by the

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learned Sessions Judge, Morigaon, wherefrom it appears that the learned Sessions Judge after due consideration of evidence on record had passed the impugned order including an order for maintenance of Rs.4000/- per month for the respondent and their child.

7. Having regard to the submissions of the learned counsel for the petitioner as well as the respondent, I am of the view that stopping the payment of maintenance amount might result in vagrancy of the respondent and until the matter is finally decided the respondent is in need of maintenance for her survival as well as for the survival of the child.

8. Keeping the same in view, the order of stay dated 16.07.2025 is hereby vacated.

9. Accordingly, this interlocutory applications stands allowed and disposed .

JUDGE

Comparing Assistant