Tempa Hansdah vs Rasmita Tudu
2023 Latest Caselaw 12949 Ori

                                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                CRLREV No.645 of 2022

                                  Tempa Hansdah                          ....       Petitioner(s)
                                                               Mr. Susanta Kumar Tripathy, Adv.
                                                               -versus-
                                  Rasmita Tudu                           ....    Opposite Party(s)



                                           CORAM:
                                           DR. JUSTICE S.K. PANIGRAHI

             Order                                         ORDER
             No.                                          18.10.2023
                03.               1.      This   matter   is     taken    up    through     hybrid

                                  arrangement.

2. Heard learned counsel for the Petitioner.

3. In filing this CRLREV the present Petitioner

challenges the order dated 12.02.2022 passed by the

learned J.M.F.C, Rasgobindpur in CMC No.15/44 of 2019,

which has been confirmed by the learned Sessions Judge,

Mayurbhanj in dismissal of Criminal Appeal No.04 of

2022.

4. Learned counsel for the Petitioner submits that the

Petitioner is not the legally married husband of the

Opposite Party No.1 and all the allegations made against

Signature Not Verified him are false, concocted and afterthought, since there is Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 20-Oct-2023 10:22:02

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no conjugal relationship between the Petitioner and the

Opposite Party and there is no domestic violence at all.

5. Learned counsel for the Petitioner further submits

that though the Petitioner had raised this point before the

learned Sessions Judge, Mayurbhanj, he has not

considered this point and without considering this

aspect, the learned Sessions Judge, Mayurbhanj directed

the Petitioner to pay a sum of Rs.3,000/- (Rupees Three

thousand only) to the Opposite Party as monthly

maintenance till disposal of the original misc. case.

6. Considering the submission made by the learned

counsel for the Petitioner and since the learned counsel

for the Petitioner raises a primary question that the

Petitioner is not the legally married husband of Smt.

Rasmita Tudu/ Opposite Party, this Court is of the view

that learned Sessions Judge, Mayurbhanj should rehear

the matter by ensuring a proper hearing to both the

parties and reconsider all the aspect to ascertain as to

whether the Petitioner is the husband or not and after

dealing with this issue in proper prospective he shall pass

a reasoned order with proper maintenance amount.

7. Accordingly, while setting aside the judgment/ Signature Not Verified order dated 12.10.2022 passed in Criminal Appeal No.04 Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 20-Oct-2023 10:22:02

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of 2022, this Court directs the learned Sessions Judge,

Mayurbhanj to do the needful in terms of the

direction/observation of this Court made hereinabove. It

is further directed that till disposal of the matter afresh

the Petitioner shall not pay any maintenance to the

Opposite Party.

8. The CRLREV stands disposed of with the above

order.

(Dr. S.K. Panigrahi) Judge

Ayaskanta

Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 20-Oct-2023 10:22:02