Baneswar Samasi vs Basanti Samasi
2022 Latest Caselaw 3444 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  RPFAM No. 37 OF 2022
                 Baneswar Samasi                               .....       Petitioner
                                                       Mr. Jyoti Patnaik, Advocate
                                               -versus-
                 Basanti Samasi                                  ....           Opp. Party

                      CORAM:
                      JUSTICE K.R. MOHAPATRA
                                   ORDER

Order No.                        25.07.2022
 2.         1.      This matter is taken up through Hybrid mode.

2. Mr. Patnaik, learned counsel for the Petitioner submits that the marriage of the Petitioner with the Opposite Party is seriously disputed. Taking into consideration the objection made by the Petitioner before the learned Judge, Family Court, Rourkela, learned Judge, Family Court at para-7 of its judgment and order dated 17th December, 2020 passed in Crl.P. No.38 of 2019 observed as under:-

"7. For easy convenience, all the points for determination are discussed together.

It is a fact that, the O.P disputed his marriage with the Petitioner and fact of giving birth of a female child through her on 7.10.1998. The petitioner has also failed to prove a scrap of document to establish that she is the legally married wife of the O.P. But strangely, the copy of voter card available in the case record reveals the name of husband of the Petitioner as Baneswar Samasi. Similarly, copy of Birth Certificate available in the case record also shows that, the father's name of Sheetal Samasi is Baneswar Samasi and the name of her mother is Basanti Samasi. Thus, from this it can be safely inferred that, the Petithoner is the legally married wife of the O.P., Baneswar Samasi......."

3. It is his submission that the voter list as well as birth certificate relied on by the Opposite Party was not exhibited by

// 2 //

her. Thus, the Petitioner could not produce any rebuttal evidence to the same.

4. In view of such submission, the matter requires consideration.

5. Hence, issue notice.

6. Requisites for issuance of notice to Opposite Party by registered post with AD shall be filed by 27th July, 2022.

7. Put up this matter in the week commencing from 12th September, 2022 enclosing the tracking report of the Postal Department.

8. Mr. Patnaik, learned counsel submits that during pendency of the Criminal Proceeding, the Petitioner was paying a sum of Rs.3,000/- per month as interim maintenance to the Opposite Party. He also submits that the Petitioner has already paid the arrear dues and is paying the current dues as per the direction in the impugned order.

9. It is therefore directed that on payment of Rs.3,000/- per months to the Opposite Party towards interim maintenance, no coercive action pursuant to impugned order dated 17th December, 2020 passed in Cr.P. No.38 of 2019 shall be taken against the Petitioner till the next date.

Issue urgent certified copy of the order on proper application.

(K.R. Mohapatra) Judge s.s.satapathy