Samita Mishra vs Suryakanta Hota
2023 Latest Caselaw 15732 Ori

Orissa High Court

Samita Mishra vs Suryakanta Hota on 7 December, 2023

Author: Arindam Sinha

Bench: Arindam Sinha

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  MATA No.55 of 2016

            Samita Mishra                          ....            Appellant

                                             Mr. S.K. Pradhan 3, Advocate
                                       -versus-

            Suryakanta Hota                        ....          Respondent

                                                   Mr. M. Mishra, Advocate

                    CORAM:
                                JUSTICE ARINDAM SINHA
                                JUSTICE SIBO SANKAR MISHRA
                                       ORDER

07.12.2023

MATA no.55 of 2016 and Misc. case no.114 of 2016 Order No.

13. 1. Mr. Mishra, learned advocate appears on behalf of respondent-

husband and produces demand draft no.120848 dated 5th December,

2023 issued by IndusInd Bank in favour of appellant-wife for

₹1,50,000/- pursuant to direction made in our order dated 28th

November, 2023. The draft is handed over to Mr. Pradhan, learned

advocate appearing on behalf of appellant-wife. We make it clear that

the amount is against arrears for maintenance directed by impugned

judgment in favour of the son.

// 2 //

2. Mr. Pradhan prays for adjournment. Mr. Mishra submits,

application (Misc. case no.114 of 2016) has also been made for

obtaining custody of the son invoking section 26 in Hindu Marriage,

Act, 1955. On query from Court Mr. Pradhan submits, objection has

been filed.

3. Adjournment granted is peremptory. We will take up the appeal

and application together for hearing on adjourned date or thereafter.

Conduct of appellant in seeking adjournment after obtaining payment

on arrears and to continue receiving current maintenance with respect

of the son by keeping the appeal pending is not appreciated. As such

we are not making any direction regarding liquidation of balance

arrears on expectation that respondent-husband will continue to pay

current maintenance in respect of the son. In event that is not done, we

will make appropriate direction.

4. List on 8th January, 2024.

                                                                            (Arindam Sinha)
                                                                                  Judge



Digitally Signed                                                                 Judge


                   JyotiOF ORISSA
Location: HIGH COURT
Date: 08-Dec-2023 10:47:46