Orissa High Court
Nilkanta Das vs Gayatree Choudhury on 30 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.283 of 2023
Nilkanta Das .... Petitioner
Mr. Diptendu Sundar Ray, Adv.
-versus-
Gayatree Choudhury .... Opp. Party
Mr. Hari Prasad Ojha, Adv.
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
Order 30.10.2023
No.
04. 1. This matter is taken up through hybrid
arrangement.
2. Heard learned counsel for the Parties.
3. The petitioner has filed this writ petition
challenging the order dated 03.03.2023 passed by the
learned 2nd Additional Sessions Judge, Bhubaneswar in
Criminal Appeal No.4/39 of 2022 under annexure-3 and
the order dated 23.07.2022 in C.M.C. (D.V.) No.115 of
2020 passed by the learned J.M.F.C.-V, Bhubaneswar
under Section 23(1) of the P.W.D.V. Act, 2005.
4. The brief facts of the case is that the Petitioner is
the husband of the Opposite Party/wife. The Opposite
Party/wife being the aggrieved person filed an
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application under Section 12 of the D.V. Act alleging
domestic violence. In the said application, he filed
another petition under section 23(1) of the D.V. Act for
interim maintenance to the tune of Rs.30,000/-(Rupees
Thirty Thousand) per month and Rs.10,000/-(Rupees Ten
Thousand) towards litigation expenses. After hearing
both the parties and considering the asset liability
affidavit, the learned J.M.F.C., Bhubaneswar directed to
pay Rs.10,000/- towards monthly interim maintenance.
Being aggrieved by the said order the petitioner/husband
has filed the Criminal Appeal no.4/39 of 2022 challenging
the order dated 23.07.2022 passed by the learned J.M.F.C.,
Bhubaneswar in CMC (D.V.) no.115 of 2020. Thereafter,
vide judgment dated 03.03.2023, the learned 2nd
Additional Sessions Judge, Bhubaneswar dismissed the
criminal appeal No.4/39 of 2022 by confirming the order
dated 23.07.2022 passed by the learned J.M.F.C.,
Bhubaneswar in CMC (D.V.) No.115 of 2020.
5. Considering the facts and averments made in this
Criminal Revision and the financial hardships suffered
by the present petitioner and his family condition,
especially the treatment of the parents, the petitioner is
directed to pay the interim maintenance of Rs.7,000/-
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(Rupees Seven Thousand) per month to the Opposite
Party/Wife.
6. Accordingly, the judgment dated 03.03.2023
passed by the 2nd Additional Sessions Judge,
Bhubaneswar in Criminal Appeal No.4/39 of 2022 is set
aside and the order dated 23.07.2022 passed by the
learned J.M.F.C., Bhubaneswar in CMC (D.V.) No.115 of
2020 under Section 23(1) of Prevention of Women from
Domestic Violence Act, 2005 is modified to the extent that
the Petitioner/husband shall pay the interim maintenance
of Rs.7,000/-(Rupees Seven Thousand) per month to the
Opposite Party/wife instead of Rs.10,000/-(Rupees Ten
Thousand) per month.
7. Accordingly, the CRLREV is disposed of.
(Dr. S.K. Panigrahi)
Judge
Sumitra
Signature Not Verified
Digitally Signed
Signed by: SUMITRA NAYAK
Designation: Jr. Stenographer
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 01-Nov-2023 18:03:32
