Orissa High Court
Madhusudan Suna vs Sanjukta Suna on 4 July, 2023
Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Designation: Secreatary
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 05-Jul-2023 11:09:46
IN THE HIGH COURT OF ORISSA AT CUTTACK
RPFAM No.19 of 2020
Madhusudan Suna .... Petitioner
Mr. Upendra Kumar Samal, Advocate
-versus-
Sanjukta Suna .... Opp. Party
Mr. Srinibash Satapathy, Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 04.07.2023
8. 1. This matter is taken up through hybrid mode.
2. Judgment dated 5th December, 2019 passed by learned
Judge, Family Court, Bargarh in CMC No.21-854 of 2014-16 is
under challenge in this RPFAM, whereby the Petitioner has
been directed to pay maintenance of Rs.3,000/- per month to
the Opposite Party with effect from the date of application, i.e.,
9th January, 2014.
3. Mr. Samal, learned counsel for the Petitioner submits
that relationship between the parties is seriously disputed. The
Opposite Party is not the legally married wife of the Petitioner.
In fact, the Opposite Party had married to one Narasingh Bag in
the year 1991. In support of the same, the Petitioner had
exhibited certified copies of the electoral rolls (Ext. A, B and
C). The said fact was not disclosed in the petition under Section
125 Cr.P.C. Although it is alleged that the Opposite party had
married to the Petitioner in the year 1995, but there is no
material on record to show that there was dissolution of
marriage between Narasingh Bag and the Opposite Party. It is
also specifically stated in the objection that out of the wedlock
Signature Not Verified // 2 //
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Designation: Secreatary
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 05-Jul-2023 11:09:46
between Narasingha and Opposite Party they were blessed with
a daughter. All these facts were not taken into consideration at
the time of adjudication of the petition under Section 125
Cr.P.C.
4. Learned Judge, Family Court relying upon the electoral
roll of the year 2013 (Ext.1) and certified copy of the electoral
roll of the year 2014 (Ext.2) as well as the certificate issued by
the Headmistress, Government Girls High School, Bargarh, in
which the Petitioner has been shown as the father of Sruti Suna
and Minati Suna, the impugned order has been passed. It is his
submission that the daughters have also filed an application
under Section 125 Cr.P.C. claiming maintenance in which the
Petitioner has also filed a petition for a DNA test. Learned
Judge, Family Court, while adjudicating the matter, should
have dealt with the materials in detail. There is no finding with
regard to admissibility and acceptability of the certified copies
of the electoral roll filed by the Petitioner as Ext. 'A' to 'C'.
He, therefore, prays for setting aside the impugned order and to
remit the matter back to learned Judge, Family Court, Bargarh
for fresh adjudication of the same.
5. Learned counsel for the Opposite Party submits that
strict proof of marriage is not necessary in a proceeding under
Section 125 Cr.P.C. It is submitted that although the Opposite
Party had married to Narasingh Bag in the year 1991, but after
some days dissension arose between them and the Opposite
Party stayed in her parental home. In the year 1995, marriage
between the Opposite Party and the Petitioner was solemnized.
Out of their wedlock they have been blessed with one son and
Signature Not Verified // 3 //
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Designation: Secreatary
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 05-Jul-2023 11:09:46
four daughters. There are materials on record to show that the
Petitioner and Opposite Party had married and out of their
wedlock children were born who are pursuing their studies in
the School. Since the petition under Section 125 Cr.P.C. is to
be decided keeping in mind the social justice and to save
destitute lady from penury, the impugned order should not be
interfered with.
6. Considering the rival contentions of the parties and on
perusal of record, this Court finds that the Opposite Party had
married to one Narasingha Bag in the year 1991. There is no
material on record to come to a conclusion that there was
dissolution of marriage between said Narasingha and the
Opposite Party by a decree of divorce. It is also forthcoming
that the Petitioner had married to one Sanjukta Suna. Although
learned Judge, Family Court took note of the certified copy of
the exhibits, which disclosed that the Opposite Party is the wife
of one Narasingha Bag, but no finding on the same was
recorded in the impugned order. On the other hand, learned
Judge, Family Court relying upon Exts.1 and 2, i.e., certified
copies of the electoral roll prepared in the year 2013-14, came
to observe that the Opposite Party is the wife of the Petitioner.
Ext.3 is the Certificate issued by the Headmistress of the
Government Girls' High School, Bargarh, in which the
Petitioner has been shown to be the husband of the Opposite
Party and father of the children named therein. Exts.1 to 3 were
prepared during the year 2013 and 2014, whereas Exts. 'A' to
'C' were prepared in the year 1991 onwards. Thus, learned
Judge, Family Court, while discussing the materials, should
Signature Not Verified // 4 //
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Designation: Secreatary
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 05-Jul-2023 11:09:46
have weighed the evidentiary value of the documents, Exts. 'A'
to 'C'. It is also forthcoming that the contentions raised by the
Petitioner in his objection which is supported by evidence, has
not been taken into consideration with regard to parentage of
the children. In that view of the matter, the impugned order is
not sustainable.
7. Accordingly, the impugned order is set aside and the
matter is remitted back to learned Judge, Family Court, Bargarh
for consideration afresh in accordance with law.
8. The RPFAM is allowed the extent indicated above.
Issue urgent certified copy of the order on proper
application.
(K.R. Mohapatra)
s.s.satapathy Judge
