Gauhati High Court

CRP/202/2012 of SHRI JAYANTA SARMA Vs SMTI DEEPIKA DEVI on 21 December 2012

BEFORE THE HON’BLE MR.JUSTICE B.D. AGARWAL Heard Mrs. NS Thakuria, learned counsel for the petitioner and Mr. S. Singha, le arned counsel for the respondent. The husband has challenged the order dated 9.5.2012 passed by th e learned Principal Judge, Family Court, Kamrup, Guwahati in Misc.

CRP 202/2012BEFORE

THE HON’BLE MR.JUSTICE B.D. AGARWAL

Heard Mrs. NS Thakuria, learned counsel for the petitioner and Mr. S. Singha, learned counsel for the respondent.

The husband has challenged the order dated 9.5.2012 passed by the learned Principal Judge, Family Court, Kamrup, Guwahati in Misc. (J) Case No. 134 of 2011, arising out of FC (Civil) No. 408 of 2011 whereby the learned judgehas granted Rs. 1000-/ per month as maintenance allowance to the wife .

Mrs. Thakuria, learned counsel for the petitioner submitted that the petitioner/husband is only earning Rs. 3,000/- (Rupees three thousand) onlyper month as guest lecturer, whereas the respondent is earning Rs. 15,500/- (Rupees fifteen thousand five hundred) only as a teacher.

A copy of the Notification dated 23.5.2012 was produced before this court regarding increasing the remuneration of additional teachers on contractual basis. On the other hand, the learned counsel for the respondent submitted that the contract period of the respondent has expired in the month of June, 2012.

In view of the rival submissions, it would be just and proper toremand the case to the Family Court to pass a fresh order giving liberty to both the parties to adduce additional evidence.

Both the parties are directed to appear in the trial court on 30

.1.2013 and receive further orders.

With the aforesaid observations and directions, the revision petition stands disposed of.

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