Ranjeet Mohanty vs Nisat Spiti Mohanty
2023 Latest Caselaw 13583 Ori

                                               IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                            CRLREV No.193 of 2023


                                          Ranjeet Mohanty                       ....           Petitioner
                                                                        Mr. Bibhu Prasad Mohanty, Adv.
                                                                      -versus-
                                          Nisat Spiti Mohanty                  ....      Opposite Party
                                                                              Mr. Lingaraj Sarangi, Adv.

                                                        CORAM:
                                                        DR. JUSTICE S.K. PANIGRAHI

                    Order                                           ORDER
                    No.                                            02.11.2023

05. 1. This matter is taken up through hybrid arrangement.

2. The Petitioner, in this CRLREV, challenges the

judgment dated 14.03.2023 passed by the learned 3rd

Additional Sessions Judge, Bhubaneswar allowing the

Criminal Appeal No.71 of 2022 filed by him in part.

3. Heard learned counsel for the Parties.

4. Learned counsel for the Petitioner submits that the

Petitioner/ husband had preferred the Criminal Appeal

No.71 of 2022 before the learned 3rd Additional Sessions

Judge, Bhubaneswar challenging the order dated

02.11.2022 passed by the learned J.M.F.C., Bhubaneswar

in C.M.C. No.353 of 2022 directing him to pay interim

maintenance of Rs.15,000/- per month to the Opposite

Party/ wife from the date of that order till disposal of the

Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, ORISSA Date: 03-Nov-2023 19:48:55 // 2 //

proceeding. Learned 3rd Additional Sessions Judge,

Bhubaneswar vide judgment dated 14.03.2023 allowed

the Criminal Appeal No.71 of 2022 filed by him in part by

reducing the interim monthly maintenance from

Rs.15,000/- to Rs.12,000/- as awarded by the learned

J.M.F.C., Bhubaneswar vide order dated 02.11.2022

passed in C.M.C. No.353 of 2022.

5. Learned counsel for the Petitioner contends that the

learned 3rd Additional Sessions Judge, Bhubaneswar vide

the impugned judgment while fixing the interim monthly

maintenance in favour of the Opposite Party/ wife has

not taken into account the income aspect and status of

both the parties. He further contends that the Appellate

Court without considering the objections filed by the

Petitioner to the effect that the Opposite Party/wife is

residing in her same in-law's house has fixed the interim

monthly maintenance of Rs.12,000/- which is exorbitant.

6. Learned counsel for the Opposite Party/wife submits

that, admittedly, the Opposite Party/wife is residing on

the 1st floor of her in-law's house. He further submits that

the Appellate Court taking into account all the aspects i.e.

the Opposite Party is residing in the house of the

Petitioner and the Petitioner is paying Rs.8,000/- per

month towards her day to day expenses has considered it

Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, ORISSA Date: 03-Nov-2023 19:48:55 // 3 //

proper to fix the monthly interim maintenance of

Rs.12,000/- and ordered accordingly. There is no cogent

reason to interfere with the same. He, therefore, contends

that this CRLREV should be dismissed.

6. Perused the judgment dated 14.03.2023 passed by the

learned 3rd Additional Sessions Judge, Bhubaneswar in

Criminal Appeal No.71 of 2022 so also the order dated

02.11.2022 passed by the learned J.M.F.C., Bhubaneswar

in C.M.C. No.353 of 2022.

7. Having considered the contentions made by the learned

counsel for the Parties, perused the impugned judgment

and on applying the judicious mind carefully on the

materials available on records, this Court does not find

any infirmity in the judgment dated 14.03.2023 passed by

the learned 3rd Additional Sessions Judge, Bhubaneswar

in Criminal Appeal No.71 of 2022 so as to warrant

interference by this Court on the same by invoking

revisional jurisdiction.

8. Accordingly, this CRLREV is dismissed.

( Dr. S.K. Panigrahi) Judge B.Jhankar

Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, ORISSA Date: 03-Nov-2023 19:48:55