Sukanta Kumar Sahoo vs Rasmilata Nayak
2023 Latest Caselaw 10794 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CRLREV NO.398 OF 2023

            Sukanta Kumar Sahoo                ....               Petitioner
                                               Mr. P.K. Mohanty, Advocate
                                        -versus-
            Rasmilata Nayak                    ....         Opposite Parties
                                                     Mr. S.K. Nayak, AGA

                      CORAM:
                      MR. JUSTICE D.DASH

                                        ORDER

04.09.2023 Order No.

01. 1. The matter is taken up through hybrid arrangement (virtual/physical mode).

2. The Petitioner, by filing this Revision, has called in question the legality and propriety of the judgment dated 17.04.2023 passed by the learned Sessions Judge, Jajpur in Criminal Appeal No.14 of 2022 under section 29 of the Protection of Women from Domestic Violence Act (for short 'the P.W.D.V. Act').

By the said order, the Appeal filed by the present Petitioner (husband) challenging the order dated 04.05.2022 passed by the learned J.M.F.C., Chandikhole in CMC No.245/2021 granting interim maintenance @ Rs.6,000/- per month to be paid by the Petitioner (husband) to the Opposite Party (wife) with effect from 04.10.2021, the date of initiation of the proceeding has been dismissed.

3. Learned counsel for the Petitioner at this stage of admission instead of questioning the illegality or impropriety of the orders passed by the courts below prays for disposal of this Revision by giving suitable installments for clearance of the arrear interim

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maintenance dues in terms of said orders passed by the courts below.

4. Taking into account the above limited nature of submission and the facts and circumstances leading to the proceeding as stated in the orders; when no such illegality or irregularities surfaces in the impugned orders, this Court being not inclined to entertain this Revision disposes the same with a direction to the Petitioner (husband) to clear up interim maintenance dues computed up-to July, 2023 in terms of the orders in three (3) equal installments; first one by end of November, 2023, the second one of by February, 2024 and the last one by April, 2024; while going on to pay the interim maintenance to the Opposite Party (wife) for the month of August, 2023 onwards by 12th day of every succeeding month. Since the directions as above has been given in the absence of the Opposite Party (wife), liberty is given to the Opposite Party (wife) to approach this Court in seeking modification of the same, if she so feels aggrieved.

5. The Revision stands accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash) Judge.

Himansu

Signature Not Verified Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 05-Sep-2023 18:18:35