Orissa High Court
Laxman Chandra Mohanta vs Bharati Mohanta .... Opp. Party on 7 December, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 4120 of 2023
Laxman Chandra Mohanta .... Petitioner
Mr. L. Mohanty, Advocate
-versus-
Bharati Mohanta .... Opp. Party
Mr. D. Biswal, ASC
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 07.12.2023
01. 1. Heard learned counsel for the Petitioner and the State.
2. By means of this application, the Petitioner seeks the
indulgence of this Court to quash the order dated 28.11.2022
passed in CMC No.82 of 2017 by the court of learned S.D.J.M.,
Karanjia and order dated 30.06.2023 passed in Crl. Rev. No.09
of 2022 by the court of learned Addl. Sessions Judge, Karanjia,
Dist-Mayurbhanj.
3. The background facts of the case are that the Petitioner is the
husband of the Opposite Party No.2. Pursuant to a matrimonial
discord, the Opposite Party filed an application before the
learned S.D.J.M., Karanjia U/s. 125 Cr.P.C. praying for
maintenance. The Petitioner contested the said application, the
learned court having adjudicated upon the matter directed the
Petitioner to pay a sum of Rs.1,000/- as monthly maintenance
from the date of order vide its judgment dated 28.11.2022
being aggrieved by the said findings, the Opposite Party moved
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the learned court of Addl. Sessions Judge., Karanjia U/s.128
Cr.P.C. The Petitioner too contested the same and upon
adjudication of the matter, the learned Addl. Sessions Judge.,
Karanjia disposed of the revision directing the Petitioner to pay
an amount of Rs.10,000/- as monthly maintenance to be paid by
the Petitioner by 10th of every succeeding month crediting it in
the S.B. account of the Opposite Party by issuing a standing
instruction to the bank from the date of filing of the application
i.e. 01.11.2017. The Petitioner being aggrieved by the said
findings of the learned Addl. Sessions Judge., Karanjia moved
in this application praying to set aside the said order dated
30.06.2023 passed in Crl. Rev. No.09 of 2022.
4. It is submitted by learned counsel for the Petitioner, inter alia,
that the order impugned is not inconsonance with the dictum of
the Hon'ble Apex Court in the matter of Rajnesh Vrs. Neha &
another reported in (2021) 2 SCC 324 and the direction issued
therein enhancing the amount of maintenance from Rs.1,000/-
to Rs.10,000/- is not based on the guidelines issued in the said
Judgment of the Hon'ble Supreme Court in the matter of
Rajnesh Vrs. Neha & another (Supra). He further submitted
that the Opposite Party-wife is a regular practitioner being
Advocate for the last thirteen years and has sufficient income to
maintain herself whereas, the Petitioner-husband is a retired
teacher and the only source of livelihood is pension. In view of
the above, the learned counsel submitted that the amount of
maintenance being exorbitant may be interfered with by a
direction to reduce the same in accordance with the guidelines
issued by the Hon'ble Suprme Court in the matter of Rajnesh
Vrs. Neha & another (Supra).
// 3 //
5. Having heard the learned counsel for the Petitioner, this
Court while not going into the merit of the application, on the
consent of the learned counsel for the Petitioner hereby reduce
the amount of maintenance directed by the learned Addl.
Sessions Judge from Rs.10,000/- to Rs.7,500/- to be paid from
the date of application i.e. 01.07.2017. As far as the arrear
maintenance is concerned, the Petitioner is directed to pay the
arrear maintenance at once on the basis of the amount fixed
aforesaid to be calculated @ Rs.7,500/-.
6. In view of the above, the CRLMC is disposed of accordingly.
(Chittaranjan Dash)
Judge
Bijay
Location: HIGH COURT OF ORISSA
