Tripura High Court Flags Seven-Day Delay in Maintenance Revision, Issues Notice in Abdul Khalak's Challenge to Family Court Order

By Vivek G. • December 23, 2025

Sri Abdul Khalak vs Beauty Aktar and Others, Tripura High Court issues notice in Abdul Khalak’s maintenance revision, seeks response on seven-day delay and calls for Family Court records.

A brief but significant hearing unfolded at the Tripura High Court on Friday as Justice Biswajit Palit took up a criminal revision filed by Sri Abdul Khalak, questioning a Family Court order related to maintenance. The matter did not go into merits yet, but the court set the procedural ball rolling, making it clear that even small delays must be properly explained.

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The case arises from a dispute under Section 125 of the Criminal Procedure Code, a provision commonly invoked by spouses seeking monthly maintenance.

Background

Sri Abdul Khalak has approached the High Court against a judgment dated August 30, 2025, passed by the Family Court at Sonamura in Sepahijala district. That order was issued in Criminal Miscellaneous Case No. 34 of 2023 and relates to a maintenance claim filed by Beauty Aktar and others.

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However, the revision petition itself came with a hitch. It was filed seven days late. To address this, the petitioner moved a separate application requesting the court to condone, or excuse, the short delay in filing the revision.

During the hearing, legal aid counsel Mr. A.T. Pal appeared for the petitioner. No one was present on behalf of the respondents when the matter was called out.

Court’s Observations

After going through the papers, Justice Palit noted that the revision petition had been filed under Sections 397 and 401 of the Cr.P.C., which allow the High Court to examine the correctness or legality of lower court orders.

The judge did not dismiss the case outright due to the delay. Instead, the bench observed that the request for condonation needed to be tested after hearing the other side. “Issue notice to the respondents,” the court directed, making it clear that they must be given an opportunity to respond both on the delay and on the main revision petition itself.

The court also took a practical step by calling for the records from the trial court, indicating that it intends to examine the Family Court proceedings in detail once the case is heard substantively.

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Decision

The High Court ordered that notices be issued to the respondents in both the delay-condonation application and the main criminal revision. The petitioner has been directed to complete service of notice within seven days, using both normal court process and registered post with acknowledgment due.

The trial court records have been summoned, and the matter has been listed for further hearing on February 23, 2026.

Case Title: Sri Abdul Khalak vs Beauty Aktar and Others

Case No.: IA No. 1 of 2025 in Crl. Rev. P. No. 74 of 2025

Case Type: Criminal Revision Petition (Maintenance matter under Section 125 Cr.P.C.)

Decision Date: 20 December 2025

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