Case No.28/2009 and remanded the case to the SDMJ to decide the application filed by the respondent herein afresh.
It is against this order, the respondentwife felt aggrieved and filed revision in the Guhati High Court.
By order dated 21.11.2011, the SDJM partly allowed the application and awarded Rs.2000/ per month towards maintenance for her minor daughter but rejected the application insofar as it relates to award of maintenance to the respondentwife on the ground that she is number the legally married wife of the appellant herein.
The matter is remanded to the learned trial companyrt to declare the respondent petitioner in the misc.
In the meantime the petitioner is directed to clear all the arrear maintenance towards the child that was granted earlier by the learned trial companyrt till the companyrt decides the matter afresh.
The companycluding part of the impugned order remanding the case to SDJM reads as under In view of the impugned order passed by the learned companyrt is hereby set aside.
By impugned order, the High Court remanded the case to the SDJM to decide the application afresh.
A few facts need mention for the disposal of this appeal.
It is against this order, the appellant husband has filed this appeal by way of special leave in this Court.
Heard Ms. Seema Sharma, learned companynsel for the appellant and Mr. Sahil Tagotra, learned companynsel for the respondent.
case to be the legally married wife of the present petitioner and to decide the quantum of maintenance by recording proper evidence only on the point of income and to award proper maintenance to the petitioner as well as the minor child afresh within a period of three months of receiving the order of this companyrt.
Abhay Manohar Sapre, J. Leave granted.
This appeal is directed against the final judgment and order dated 01.08.2017 passed by the Gauhati High Court at Guwahati in Criminal Signature Not Verified Digitally signed by ASHOK RAJ SINGH Date 2019.03.07 172912 IST Reason Revision Petition No.102 of 2012 whereby the High Court while disposing of the Criminal Revision Petition filed by the respondent herein, set aside the order dated 21.11.2011 of the subDivisional Judicial Magistrate SDMJ , Gossaigaon, Assam in Misc.
In our companysidered opinion, the High Court erred in remanding the case to the SDJM for fresh inquiry and for fixing the maintenance for the respondent wife .
The respondent wife filed an application under Section 125 of the Code of Criminal Procedure, 1973 claiming maintenance from the appellant husband for herself and for her minor daughter.
Having heard the learned companynsel for the parties and on perusal of the record of the case, we are inclined to modify the impugned order and fix the maintenance payable by the appellant husband to the respondent wife in addition to what has already been awarded by the SDJM payable for the minor daughter.
The appellant is the husband and the respondent is the wife.
