Sri Pradyumna Kumar Jena vs Smt. Laxmipriya Jena
2023 Latest Caselaw 15734 Ori

Orissa High Court

Sri Pradyumna Kumar Jena vs Smt. Laxmipriya Jena on 7 December, 2023

Author: Arindam Sinha

Bench: Arindam Sinha

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MATA No.73 of 2017


             Sri Pradyumna Kumar Jena             .........          Appellant

                                            Mr. Bansidhar Baug, Advocate


                                      -Versus-

            Smt. Laxmipriya Jena                   .........          Respondent

                                                   Mr. P.K. Swain, Advocate

                  CORAM:

                               JUSTICE ARINDAM SINHA
                               JUSTICE SIBO SANKAR MISHRA

                                             ORDER

07.12.2023 Order No.

15. 1. Mr. Baug, learned advocate appears on behalf of appellant, who is

the elder son and aggrieved by judgment dated 9th May, 2017, by which the

family Court directed payment of maintenance to his mother. He submits,

his father had worked as Professor in Utkal University. He retired with

terminal benefits and ultimately died on 7th February, 2022. His mother is

getting family pension. Apart, his mother also owns property. Younger

brother of his client has taken away his mother from his client. In respect

of the property there has been suit filed at instance of the younger brother.

He is a practicing advocate in Balasore Court. He is the one behind the

litigation, claiming to be unemployed.

2. Mr. Swain, learned advocate appears on behalf of respondent-

mother.

3. Having heard Mr. Baug and perused the impugned judgment we

observe regarding power of appellate Court to require any document to be

produced or any witness to be examined, to enable it to pronounce

judgment or for any other substantial cause, for production of additional

evidence in appellate Court. Respondent-mother can be examined through

video conference. We may also examine the younger brother to ascertain,

interalia, him being unemployed and whether respondent-mother is staying

with him. Mr. Swain prays for adjournment.

4. List on 10th January, 2024.

(Arindam Sinha) Judge

(S.S. Mishra) Judge

Subhasis/P.A.

Location: High Court of Orissa, Cuttack