Susant Kumar Sahoo vs Gayatri Sahu
2023 Latest Caselaw 5683 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  RPFAM No. 109 OF 2017
                 Susant Kumar Sahoo                       ....       Petitioner
                                                   Mr. Manas Chand, Advocate
                                           -versus-
                 Gayatri Sahu                          .... Opp. Party
                                     Mr. Rajesh Kumar Mahapatra, Advocate

                       CORAM:
                       JUSTICE K.R. MOHAPATRA
                                       ORDER

Order No.                             10.05.2023
   7.       1.       This matter is taken up through hybrid mode.

2. Judgment dated 12th December, 2016 (Annexure-2) passed by learned Judge, Family Court, Berhampur, Ganjam in Criminal Proceeding No.148 of 2014 is under challenge in this RPFAM, whereby the Petitioner has been directed to pay maintenance of Rs.10,000/- per month to the Opposite Party from the date of the order.

3. Mr. Chand, learned counsel for the Petitioner submits that after disposal of the petition under Section 125 Cr.P.C., marriage between the parties has been dissolved by a decree of divorce and permanent alimony of Rs.15,00,000/- has been directed to be paid by the Petitioner to the Opposite Party. Against the said order, the Petitioner has preferred MATA No.8 of 2021 before this Court, which is pending adjudication. He, therefore, submits that since the Opposite Party has already been awarded a sum of Rs.15,00,000/- in a civil proceeding towards permanent alimony, she is not entitled to receive maintenance, as directed to be paid in the impugned order under Annexure-2.

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4. Considering the submission made by learned counsel for the Petitioner, this Court is of the considered opinion that if any change in circumstance took place after the order was passed, the remedy lies for the Petitioner to seek for variation of the order under Section 127 Cr.P.C. before learned Judge, Family Court, Berhampur. That cannot be a ground to vary the order of maintenance in a revision under Section 19(4) of the Family Courts Act, 1984. It further appears that the mediation between the parties has failed.

5. In view of the above, this Court disposes of the RPFAM with an observation that the order impugned herein shall be subject to the result of MATA No.8 of 2021 filed by the Petitioner against the order awarding permanent alimony.

6. Interim order dated 21st December, 2017 stands vacated.

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

MADHU Digitally signed by

SMITA MADHUSMITA SAHOO

SAHOO Date: 2023.05.11 12:43:44 +05'30' (K.R. Mohapatra) ms Judge