I.A.(Crl.)/807/2026 of SMT YOGITA RANI SAIKIA Vs SRI DARSHAN DUTTA on 15 September 2026

ORDER

Date : 16-09-2026 Heard Ms. K. Boruah, learned counsel for the applicant/respondent. Also heard Mr. B. Phukan, learned counsel appearing for the opposite party/petitioner.

2. The parties being husband and wife, the applicant, as first party, has preferred a proceeding before the learned JMFC, North Lakhimpur seeking maintenance under Section 125 Cr.P.C, which was registered as Misc. Case No. 10 of 2025.

3. The main proceedings are stated to be still pending, but by way of interim maintenance, the learned JMFC was pleased to direct payment of ₹15,000/- per month to the first party/respondent.

4. Against the same, the second party/husband preferred revision before this Court, being Criminal Revision Petition No. 270 of 2026, and while issuing notice, this Court was pleased to direct that the petitioner shall keep paying ₹7,000/- per month to the respondent instead of ₹15,000/-, as directed by learned JMFC by way of interim maintenance.

4. The respondent wife, being aggrieved by the reduction of the said interim maintenance to half the amount, has accordingly filed the instant Interlocutory Application seeking modification, variation, or vacation of the same.

5. Learned counsel for the applicant submits that, as per the affidavit submitted by the petitioner in the proceeding before the learned Magistrate, in terms of the judgment of the Honorable Apex Court in Rajnesh vs. Neha & Another, reported in (2021) 2 SCC 324 his monthly salary is ₹45,822/-. It is further submitted that, however, he did not furnish bank statements for 3 years' Bank statements and Salary slips, as well as Income Tax Returns.

6. It is fairly submitted that, though she is working in a private school as a private teacher earning approximately ₹15,000/- per month; that is proving to be insufficient for the upkeep and maintenance of herself and her minor child, aged 3 and a half years, who has also started going to school.

7. On the other hand, learned counsel for the opposite party/husband submits that, though he is an employee of the Sales Tax Department under the Government of Assam, he is suffering from various ailments as well, and he finds it difficult to pay the amount of ₹15,000/- per month, due to which he has sought interference with the same in this revision.

8. In the main case, the scanned TCR has not yet been called and has to be procured, thereafter the matter can be heard and disposed of altogether.

9. Nevertheless, at this stage, considering the projected difficulties of the applicant, some modification in the interim order can be made and accordingly, it is directed that the interim order dated 30.03.2026 shall remain stayed till the returnable date, subject to the condition that the petitioner/husband shall keep paying a monthly maintenance of ₹10,000/- to the wife for the upkeep of herself and their minor child. To that extent, the order dated 21.05.2026 passed by the coordinate bench stands modified; the petitioner husband shall also endeavour to pay the accumulated arrears amount in terms of this rate.

The Interlocutory Application accordingly stands allowed and disposed of. JUDGE Comparing Assistant