Orissa High Court
Partha Sarathi Panda And vs Smt. Priyanka Priyadarsani Panda on 3 November, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No. 260 of 2022
Partha Sarathi Panda and .... Petitioners
others
Md. G. Madani, Advocate
-Versus -
Smt. Priyanka Priyadarsani Panda .... Opposite Party
Mr. N. Lenka, Advocate
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER_
03.11.2022
Order No.
5. 1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the petitioners and learned counsel
for the opposite party.
3. The petitioner No.1, being the husband and petitioner nos. 2
and 3 have challenged the judgment dated 20.05.2022 passed by
learned Additional Sessions Judge, Bhadrak in Criminal Appeal
No.23 of 2016 whereby the order dated 23.04.2016 passed by
learned S.D.J.M., Bhadrak in D.V. Misc. Case No.415 of 2011 was
confirmed. As per the said order passed by learned S.D.J.M., the
petitioner no.1 was directed to pay Rs.5,000/- towards enhanced
monthly maintenance to his wife-opposite party and Rs.3,000/- to
his son every month from the date of the order. The petitioners
preferred appeal which, as already stated, was rejected. In the
meantime, for non-payment, the arrear maintenance amount
swelled to Rs.6,07,547/-. The petitioner no.1 paid Rs.2 lakh to the
opposite party upon an execution case being filed against him
leaving the arrear maintenance amount of Rs.4,07,547/-. Learned
S.D.J.M., Bhadrak, by order dated 26.07.2022 directed the
aforesaid balance amount of Rs.4,07,547/- to be paid in eight
equally monthly installments @ Rs.51,000/- per installment,
payable by 10th of each month beginning from August, 2022 with
further direction to pay Rs.8,000/- per month as current interim
maintenance. By order dated 10.08.2022 passed by this Court in
I.A.No. 515 of 2022, this Court noted the above mentioned facts
and directed that the petitioner no.1 shall pay the current interim
maintenance amount of Rs.8,000/- and Rs.20,000/- towards arrear
interim maintenance on 12th August, 2022 as a condition for not
taking coercive steps against him. It is submitted that the petitioner
no.1 has, in the meantime deposited the arrear maintenance amount
of Rs.20,000/- for the months of August, September and October.
4. Mr. Lenka, learned counsel appearing for the wife does not
dispute such contention. It is further submitted that the current dues
of Rs.8,000/- are being paid regularly.
5. It is submitted by learned counsel for the parties that the
revision may be disposed of directing the petitioner no.1 to pay the
current interim maintenance amount at Rs.8,000/- and by reducing
the amount of monthly installments reasonably.
6. Having considered the submissions as above and taking note
of the facts and circumstances of the case, the criminal revision is
disposed of by modifying orders dated 23.04.2016 and 26.07.2022
passed by learned S.D.J.M., Bhadrak only to the following extent:-
(1) The petitioner No.1 shall pay Rs.8,000/- towards current
interim maintenance to the opposite party-wife every
month.
(2) The balance arrear maintenance amount shall be paid in
12 equal monthly installments with each installment being
determined by learned court below.
7. With these observations and directions, the CRLREV is
disposed of.
(Sashikanta Mishra)
Judge
B.C. Tudu
