Manohar Singh vs Tajinder Kaur
2023 Latest Caselaw 13743 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CRLREV No. 488 of 2022

            Manohar Singh                            ........     Petitioner
                                                              Mr. L.N. Patel, Adv.
                                   -Versus-

            Tajinder Kaur                      .......... Opposite Party
                                                    Mr. Mr. B. Sahoo, Adv.

                       CORAM:
                       DR. JUSTICE S.K. PANIGRAHI

                                   ORDER

06.11.2023

Order No. I.A.No.550 of 2023

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

2. Heard.

3. This is an application under Section 5 of the Limitation

Act, for condoning the delay of 243 days in preferring the

CRLREV.

4. Considering the submission made by the learned counsel

for the Petitioner and the averments made in the Interim

Application, the delay in preferring the CRLREV is condoned.

5. The I.A. is accordingly disposed of.

CRLREV No.488 of 2022

1. Heard learned counsel for the parties.

2. Petitioner has filed this Criminal Revision challenging the

judgment dated 05.09.2022 passed by the learned Sessions Judge,

Sambalpur in Criminal Appeal No.07 of 2022 wherein learned

Sessions Judge, Sambalpur confirmed the order of interim

maintenance of Rs.10,000/- passed by the learned S.D.J.M.,

Sambalpur in CMC (DV) No.284 of 2020.

3. Learned counsel for the Petitioner submits that the

Petitioner and the Opposite Party are legally married husband

and wife and their marriage was solemnized on 06.04.2005 as per

their custom and rites. By lapse of time after marriage there was a

rift in their relationship. The Opposite Party/wife initiated series

of criminal proceeding against the Petitioner/husband. The

Opposite Party/wife filed a petition under Section 23(1) of the

Protection of the Women from Domestic Violence Act, 2005 before

the learned S.D.J.M., Sambalpur seeking for a direction to the

Petitioner/ husband for interim maintenance. It is apparent that

the said petition filed by the Opposite Party/ wife was heard by

the learned J.M.F.C., Sambalpur.

4. Learned counsel for the Petitioner further submits that

the learned J.M.F.C., Sambalpur allowed the petition under

Section 23(1) of the Protection of the Women from Domestic

Violence Act, 2005 filed by the Opposite Party/wife and directed

the Petitioner/husband to pay interim maintenance of Rs.10,000/-

per month to the Opposite Party/wife within one week of each

English calendar of every succeeding month from the date of that

order, without giving any opportunity of hearing to the present

Petitioner/husband. He further submits that the

Petitioner/husband had preferred an appeal vide Criminal Appeal

No.07 of 2022 before the learned Sessions Judge, Sambalpur for

setting aside the order dated 22.03.2022 passed by the learned

J.M.F.C., Sambalpur in CMC (DV) No.284 of 2020. However,

lower Appellate Court dismissed the said appeal vide judgment

dated 05.09.2022 without considering the grounds taken therein.

5. Learned counsel for the Opposite Party/wife submits that

both the courts below have rightly passed the impugned orders.

He further submits that both the courts below have passed the

orders on proper appreciation of the materials available on

records. Therefore, he argues that the prayer made by the

Petitioner/husband is liable to be dismissed.

6. Having heard the learned counsel for the parties and

taking into account the financial condition of the Opposite

Party/wife, the interim maintenance of Rs.10,000/- awarded by the

learned J.M.F.C., Sambalpur does not deserve to be modified.

Accordingly, this Court does not find any infirmity in the order

dated 22.03.2022 passed by the learned J.M.F.C., Sambalpur so

also in the judgment dated 05.09.2022 passed by the learned

Sessions Judge, Sambalpur in Criminal Appeal No.07 of 2022.

Hence, the Petitioner/husband is directed to clear all the arrear

interim maintenance within two months from today. Further, the

learned J.M.F.C., Sambalpur is directed to release the interim

maintenance amount of Rs.60,000/- deposited by the

Petitioner/husband in favour of the Opposite Party/wife within

one week from today and take steps to dispose of the CMC(DV)

No.284 of 2020 at the earliest possible without affording any

adjournment to be taken by the parties.

7. Accordingly, the CRLREV is dismissed.

( Dr. S.K. Panigrahi) Judge Murmu

Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 08-Nov-2023 20:45:21