Bidyadhar Samantaray vs Padmini Ranjit
2023 Latest Caselaw 13838 Ori

Citation : 2023 Latest Caselaw 13838 Ori
Judgement Date : 7 November, 2023

Orissa High Court

Bidyadhar Samantaray vs Padmini Ranjit on 7 November, 2023

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                RPFAM NO. 217 OF 2023
                 Bidyadhar Samantaray               ....       Petitioner
                                        Mr. Amitav Tripathy, Advocate
                                      -versus-
                 Padmini Ranjit                     .... Opp. Party



                      CORAM:
                      JUSTICE K.R. MOHAPATRA
                                   ORDER

Order No.                        07.11.2023
             RPFAM NO. 217 OF 2023
              & I.A. NO.265 OF 2023
   1.       1.      This matter is taken up through hybrid mode.

2. Defects as pointed out by the S.R. are ignored.

3. This RFPFAM has been filed assailing the judgment dated 22nd December, 2022 (Annexure-1) passed by learned Judge, Family Court, Nayagarh in Crl.M.P. No.234 of 2019, whereby the Petitioner has been directed to pay maintenance of Rs.4,000/- per month to the Opposite Party from the date of application, i.e. 6th November, 2019 and also to pay arrear dues in ten installments along with current maintenance.

4. There is a delay of 111 days in filing the RPFAM.

5. Mr. Tripathy, learned counsel submits that the Petitioner has no grievance with regard to quantum of maintenance directed to be paid. But, since the Petitioner is earning his livelihood from a retail shop dealing with electrical appliances, it is very difficult on his part to pay arrear dues in ten installments,

// 2 //

as directed. He, therefore, submits that mode of payment of arrear maintenance should be considered.

6. Taking note of the submission of learned counsel for the Petitioner, this Court without interfering with the impugned order under Annexure-1 disposes of the RPFAM and I.A. with an observation that if the Petitioner has any difficulty with regard to payment of arrear maintenance, he is at liberty to raise the same, if any, when the petition for implementation of the impugned order is filed.

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

(K.R. Mohapatra) bks Judge

Signature Not Verified Digitally Signed Signed by: BIJAY KUMAR SAHOO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 09-Nov-2023 11:35:56