Sarita Satpathy @ Tripathy vs Ananta Charan Tripathy
2023 Latest Caselaw 2425 Ori

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                         W.A. No.621 of 2022

             Sarita Satpathy @ Tripathy                   ....          Appellant
                         M/s. A. K. Pattanaik (A) and associates, Advocates
                                       -versus-
             Ananta Charan Tripathy                  ....         Respondent


                           CORAM:
                           THE CHIEF JUSTICE
                           JUSTICE G. SATAPATHY
                                            ORDER

24.03.2023 Order No.

01. 1. The impugned order was obviously passed in exercise of the jurisdiction under Article 227 of the Constitution of India and, therefore, in view of the judgment of the Full Bench of this Court in Mahammed Saud v. Dr. (Maj) Shaikh Mahfooz 2008(II) OLR (FB) 725 which has been affirmed by the Supreme Court in Mahammed Saud v. Dr. (Maj) Shaikh Mahfooz (2010) 13 SCC 517, the present writ appeal is not maintainable.

2. Nevertheless, even on merits, the Court finds that the learned Single Judge after taking into account all the relevant factors reduced the monthly maintenance amount from Rs.7,000/- to Rs.5,000/-.

3. Clarifying that this is not a one-time issue for all times to come and that the amount can always be revised if the circumstances so warrant in future, the writ appeal is disposed of.

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge M. Panda