Nushrat Bari vs Mohammed Aala
2023 Latest Caselaw 7852 Ori

Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 21-Jul-2023 13:06:56                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                               RPFAM No. 7 OF 2023
                                               Nushrat Bari                          ....      Petitioner
                                                                      Mr. Kousik Ananda Guru, Advocate
                                                                        -versus-
                                               Mohammed Aala                           ....    Opp. Party


                                                    CORAM:
                                                    JUSTICE K.R. MOHAPATRA
                                                                    ORDER

                      Order No.                                    20.07.2023
                            5.            1.      This matter is taken up through hybrid mode.

2. Judgment dated 3rd January, 2023 passed by learned Judge, Family Court, Dhenkanal in Cr.P. No.41 of 2020 is under challenge in this RPFAM, whereby an application filed by the Petitioner under Section 125 Cr.P.C., has been dismissed.

3. Mr. Guru, learned counsel submits that the Petitioner does not have sufficient means to maintain herself. Before marriage, she was working as a Guest Faculty in Govt. Polytechnic, Dhenkanal. After marriage, she quit the job at the instance of the in-laws family, more particularly, her husband and mother-in-law. She did not have sufficient means to maintain herself. On the other hand, the Opposite Party is earning about Rs.3,00,000/- per month. Hence, he has sufficient means to provide maintenance to the Petitioner. Learned Judge, Family Court while adjudicating the petition, erroneously held that the theory of maintaining status by the wife as she would have maintained in her in-laws family, is not applicable to this case. Since the Petitioner did not have sufficient means to maintain herself, learned Judge, Family Court should have

Signature Not Verified // 2 // Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-Jul-2023 13:06:56 entertained the petition under Section 125 Cr.P.C. and awarded maintenance in her favour.

4. When the matter was taken up on earlier occasion, Mr. Guru, learned counsel for the Petitioner prayed for an adjournment to file documents in support of her case. Accordingly, an affidavit has been filed by the Petitioner along with documents in Court, which is taken on record.

5. From the petition under Section 125 Cr.P.C., it appears that the Petitioner has been working as a Guest Faculty in Govt. Polytechnic, Dhenkanal prior to her marriage. In her cross- examination, the Petitioner has stated that she is earning about Rs.8,000/- to Rs.11,000/- per month depending upon the classes, she is allowed to take. The Petitioner has not stated her exact income either in the petition under Section 125 Cr.P.C. or by adducing evidence to that effect. It is only during cross- examination, she has admitted as above. It was the duty of the Petitioner to come to the Court with clean hand stating her exact income and describing that the said income is not sufficient for her sustenance. In the instant case, no such disclosure appears to have been made by the Petitioner. Since the Petitioner did not come to the Court with clean hand, learned Judge, Family Court has committed no error in dismissing such application.

6. Accordingly, the RPFAM being devoid of any merit stands dismissed.

Urgent certified copy of this order be granted on proper application.

                                                                             (K.R. Mohapatra)
                ms                                                                 Judge