Arunima Senapati vs Bansidhar Senapati
2023 Latest Caselaw 9488 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLMP No.720 of 2023

              Arunima Senapati                    ....      Petitioner

                                 Mr. B. Sahoo, Advocate

                                       -versus-

              Bansidhar Senapati                  ....     Opp. Party


                                 CORAM:
                            JUSTICE S.K. SAHOO
                                   ORDER

Order No. 18.08.2023

01. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

The petitioner has filed this CRLMP petition with a prayer to direct the opposite party Bansidhar Senapati to pay current maintenance along with arrear within a stipulated period of time or in the alternative to direct the learned Court below to take steps for early disposal of CRP No. 91 of 2020, which is pending before the learned Judge, Family Court, Berhampur, Ganjam.

Learned counsel for the petitioner argued that the petitioner and her two children filed an application under section 125 of Cr.P.C. in the Court of learned Judge, Family Court, Berhampur, Ganjam against the // 2 //

opposite party for maintenance and the matter was heard ex parte and vide judgment and order dated 26.02.2020, the learned Judge, Family Court directed the opposite party to pay a sum of Rs.25,000/- (rupees twenty five thousand) towards maintenance of the petitioner so also her children, along with education expenses and medical expenses of the two children and Rs.5,000/- towards house rent from the date of filing of the application i.e. 19.02.2019 inter alia with other directions. It is submitted by the learned counsel for the petitioner that not a single penny has been paid by the opposite party to the petitioner till date even though more than three years have elapsed and the petitioner has also filed a petition under section 125(3) of Cr.P.C. before the learned Judge, Family Court, Berhampur, Ganjam, which was registered as CRP No. 91 of 2020 for enforcement of the order of maintenance. However, no order has yet been passed in the said petition.

Let a status report be called for from the learned Judge, Family Court, Berhampur, Ganjam in CRP No.91 of 2020.

For such purpose the file be placed before the learned Registrar (Judicial) of this Court, who shall send a copy of this order to the Court concerned immediately through e-mail and status report shall be

// 3 //

furnished through e-mail so as to reach this Court on or before 31st August 2023.

Let a copy of the petition along with annexures be served on the learned counsel for the State, which will be sent to the Inspector in-charge of K.S. Nagar police station for its service on the opposite party Bansidhar Senapati and it will be intimated to him that the matter is to be listed in the week commencing from 4th September 2023 and if he so likes, can engage a counsel.

Let a copy of the order be handed over to the learned counsel for the State for compliance.

Learned counsel for the petitioner shall also serve a copy of the CRLMP petition on the learned counsel for the State by Monday (21.08.2023).

List this matter in the week commencing from 4th September 2023.

( S.K. Sahoo) Judge

PKSahoo

Signature Not Verified Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 21-Aug-2023 14:11:37