V. Rabindranath Patro vs V. Jhansirani Patro
2023 Latest Caselaw 2043 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLMP No.1646 of 2022

              V. Rabindranath Patro                 ....      Petitioner

                                  Mr. S.P. Dash, Advocate

                                         -versus-

              V. Jhansirani Patro                   ....     Opp. Party

                                  Mr. S.K. Tripathy, Advocate

                                  CORAM:
                             JUSTICE S.K. SAHOO
                                    ORDER

Order No. 10.03.2023

04. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner V. Rabindranath Patro is the husband of the opposite party Smt. V. Jhansirani Patro and he has challenged the impugned order dated 24.09.2021 passed by the learned Judge, Family Court, Berhampur in Cr.P. No.35 of 2020 in directing him to pay a sum of Rs.15,000/- (rupees fifteen thousand) to the opposite party per month towards interim maintenance from the date of filing of the interim application i.e. from 05.01.2021 till the final disposal of the case.

Learned counsel for the petitioner submitted // 2 //

that the petitioner filed a divorce petition in the Court of learned Judge, Family Court, Berhampur vide Civil Proceeding No.125 of 2021 against the opposite party seeking for a decree of divorce on the ground of cruelty and desertion and the learned Judge, Family Court vide judgment and order dated 25.01.2022 has been pleased to dissolve the marriage between the petitioner and the opposite party by a decree of divorce, however, directed the petitioner to pay a sum of Rs.15,00,000/- (rupees fifteen lakhs) towards permanent alimony of the opposite party within three months from the date of judgment. Learned counsel further submitted that in pursuance of such order, two demand drafts have been deposited in the Court of learned Judge, Family Court, one amounting to Rs.5,00,000/- (rupees five lakhs) and other amounting to Rs.10,00,000/- (rupees ten lakhs) on dated 08.04.2022 and the copies of the demand drafts have been annexed to the application. Learned counsel further submitted that the opposite party has not taken those demand drafts rather filed an appeal before this Court in MATA No.64 of 2022 for enhancement of permanent alimony, which is subjudiced.

Learned counsel for the opposite party has not disputed that the opposite party has not taken the two demand drafts deposited by the petitioner, however,

// 3 //

he submitted that since the MATA is pending before this Court, the opposite party has not withdrawn the same from the Court.

Considering the submissions made by the learned counsel for the respective parties, on appearance of the opposite party before the learned Judge, Family Court, Berhampur in Civil Proceeding No.125 of 2021 on or before 18.03.2023, the two demand drafts deposited by the petitioner shall be handed over to her on proper identification.

In view of the order passed by the learned Judge, Family Court, Berhampur in the divorce proceeding and the fact that the petitioner has already complied with the order of the learned Judge, Family Court in depositing the permanent alimony amount by way of demand drafts and the enhancement of the permanent alimony is subjudiced before this Court in MATA No.64 of 2022, I am inclined to accept the prayer made in the application and quash the order dated 24.09.2021 passed by the learned Judge, Family Court, Berhampur in Cr.P. No.35 of 2020.

Accordingly, the CRLMP stands allowed. Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge RKM