Smrutiranjan Behera vs Gelhamani Behera & Another
2023 Latest Caselaw 11283 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                           RPFAM No. 235 of 2023
Smrutiranjan Behera                  .....                             Petitioner
                                                          Mr. R.N. Mishra, Adv.
                                     Vs.
Gelhamani Behera & Another           .....                      Opposite Parties

            CORAM:
                JUSTICE SAVITRI RATHO

                                            ORDER

14.09.2023 Order No. (Through hybrid mode)

01.

1. This application under section 482 of the Code of Criminal

Procedure has been filed by the petitioner, challenging the order

dated 12.07.2023 passed by the learned Judge, Family Court,

Jajpur in Criminal Proceeding No. 291 of 2021 allowing the

application of the opposite party no.1-wife and opposite party

No.2-minor daughter of the petitioner and awarding of Rs.7000/-

per month to the opposite party no.1-wife and Rs.5000/- per

month to the opposite party no.2- minor daughter with effect from

21.12.2021 with a direction for payment of arrear maintenance

within a period of three months from the date of the order and for

payment of current monthly maintenance within the first week of

each succeeding month.

2. Mr. R.N. Mishra, learned counsel for the petitioner submits

that the petitioner had been working as Senior Assistant in Special

Treasury, but on account of his suspension from December, 2022,

he is not getting his full salary and is getting salary of Rs.14,800/-

per month. The calculation of the salary on the basis of his pay at

the rate of Rs. 37,199/- is therefore illegal.

3. Considering the above submission, issue notice to the

opposite parties through Registered Post with A.D returnable

within four weeks. Requisites shall be filed by 18.09.2023.

4. List this case on 08.11.2023.

I.A. No. 286 of 2023

02. 1. This is an application for stay of operation of judgment

dated 12.07.2023 passed by the learned Judge, Family Court,

Jajpur in Criminal Proceeding No. 291 of 2021.

2. Issue notice as above.

3. Accept one set of process fee.

4. If the petitioner deposits Rs.1,00,000/- (Rupees one lakh

only) towards arrear maintenance in the Court of the learned

Family Court, Jajpur by 03.10.2023, as an interim measure the

operation of the judgment dated 12.07.2023 passed by the learned

Judge, Family Court, Jajpur in Criminal Proceeding No. 291 of

2021 shall remain stayed till the next date. The said amount shall

be released in favour of the opposite party no.1.

5. As an interim measure, the petitioner shall pay current

maintenance at the rate of Rs. 4000/- to the opposite party no.1

and Rs.3000/- to the opposite party no. 2.

Issue urgent certified copy as per rules.

..............................

(SAVITRI RATHO) JUDGE

Sukanta

Signature Not Verified

Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 18-Sep-2023 19:33:33