Sushil Kumar Khatua vs State Of Odisha And Others
2023 Latest Caselaw 8019 Ori

Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Designation: Secreatary
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 25-Jul-2023 19:37:50


                                         IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                        RPFAM No.218 of 2023
                                      Sushil Kumar Khatua                         ....         Petitioner
                                                                                       Md. Riaz, Advocate
                                                            On behalf of Mr. Bibhuti Satapathy, Advocate
                                                                -versus-
                                      State of Odisha and others                  ....      Opp. Parties


                                                  CORAM:
                                                 JUSTICE K.R. MOHAPATRA
                                                         ORDER

                Order No.                               24.07.2023

                   3.            1.       This matter is taken up through hybrid mode.

2. Order dated 23rd June, 2023 (Annexure-1) passed by learned Judge Family Court, Dhenkanal in Cr.P. (Ex.) No.38 of 2023 is under challenge in this RPFAM, whereby a direction has been made to disburse an amount of Rs.20,000/- per month by attaching the salary of the Petitioner till realization of the arrear amount of maintenance.

3. Mr. Riaz, learned counsel being authorized by Mr. Satapathy, learned counsel for the Petitioner submits that this Court by order dated 20th February, 2023 in RPFAM No.35 of 2022 while confirming the judgment dated 7th January, 2023 passed by learned Judge, Family Court, Dhenkanal in Cr.P. No.48 of 2022, held that Opposite Party No.3 herein is not entitled to any maintenance after attaining the age of majority. Accordingly, the Opposite Party Nos.2 to 4 filed Cr.P. (Ex.) Case No.38 of 2023 for realization of the arrear maintenance. The said execution case was filed on 14th March, 2023 and learned Judge, Family Court, without affording any opportunity to the Petitioner to have

Signature Not Verified // 2 // Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Designation: Secreatary Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 25-Jul-2023 19:37:50

his say, passed the impugned order. Hence, this RPFAM has been filed.

3.1 It is submitted by learned counsel for the Petitioner that the Petitioner was not given ample opportunity to defend his case before learned Judge, Family Court. Hence, the impugned order under Annexure-1 is liable to be set aside.

4. Considering the submission of learned counsel for the Petitioner and on perusal of record, it appears that Execution Case has been filed for realization of arrear maintenance of Rs.1,44,200/-. Learned Judge, Family Court directed for deduction of Rs.20,000/- per month from the salary of the Petitioner to be paid to Opposite Parties till its realization. It is his submission that the Petitioner is ready and willing to deposit a sum of Rs.50,000/- at present. Hence, a direction may be made to learned Judge, Family Court to fix easy instalments to repay the rest of the arrear maintenance by setting aside the impugned order.

5. Upon hearing learned counsel for the Petitioner and on perusal of impugned order under Annexure-1, this Court is of the considered opinion that since the Petitioner is ready and willing to deposit Rs.50,000/- to be paid to the Opposite Parties, he should be given an opportunity to move the learned Judge, Family Court, Dhenkanal for fixing easy instalments to pay the residual arrear maintenance.

6. Accordingly, the RPFAM is disposed of with a direction that in the event Petitioner deposits a sum of Rs.50,000/- (rupees fifty thousand only) within seven days and makes an application to learned Judge, Family Court, Dhenkanal for fixing easy

Signature Not Verified // 3 // Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Designation: Secreatary Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 25-Jul-2023 19:37:50

instalments to pay the residual arrear maintenance, the same shall be considered in accordance with law.

7. The impugned order is modified to the aforesaid extent. If the Petitioner fails to comply with the direction as above within the period as stipulated above, learned Judge, Family Court will be at liberty to proceed with the matter in accordance with law. On deposit being made by the Petitioner, the same shall be released in favour of the Opposite Parties forthwith on proper acknowledgement.

8. Since the RPFAM is disposed of without issuing notice to the Opposite Parties, they are at liberty to seek for variation of the order, if they feel aggrieved.

Issue urgent certified copy of the order on proper application.

(K.R. Mohapatra) Judge

s.s.satapathy