Orissa High Court
Barsa Nayak vs Ramesh Nayak .... Opp. Party on 2 April, 2024
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 03-Apr-2024 14:16:45
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). NO.5994 OF 2024
Barsa Nayak .... Petitioner
Mr. Amitav Tripathy, Advocate
-versus-
Ramesh Nayak .... Opp. Party
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 02.04.2024
01. 1. This matter is taken up through hybrid mode.
2. Petitioner in this writ petition seeks to assail the manner in
which learned Judge, Family Court, Nayagarh is proceeding with CP
(Execution) Case No.08 of 2023 and prays for a direction for early
disposal of the same.
3. Mr. Tripathy, learned counsel for the Petitioner submits that
CP No.190 of 2018 was filed under Section 18 and 20 of the Hindu
Adoptions and Maintenance Act, 1956, which was disposed of by
learned Judge, Family Court, Nayagarh vide judgment dated 7th April,
2023 (Annexure-2) directing the Opposite Party to pay maintenance of
Rs.4000/- per month to the Petitioner from the date of the application,
i.e., 28th November, 2018. Since the Opposite Party did not pay the
maintenance as directed, CP (Execution) Case No.08 of 2023 has been
filed before learned Judge, Family Court, Nayagarh for realization of
arrear as well as current maintenance. The Opposite Party has already
entered appearance in the execution case and filed his show cause.
During pendency of the execution proceeding, the Petitioner filed an
application for attachment of the salary of the Opposite Party and to
release the arrear maintenance. Without passing any final order on the
same, learned Judge, Family Court, Nayagarh is adjourning the matter
Digitally Signed // 2 //
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 03-Apr-2024 14:16:45
to different dates on some ground or other for which the Petitioner is
seriously prejudiced. She is also forced to live in penury due to non-
payment of the arrear as well as current maintenance. Mr. Tripathy,
learned counsel for the Petitioner, therefore, submits that interest of
justice will be best served, if a direction is made to learned Judge,
Family Court, Nayagarh for early disposal of CP (Execution) Case
No.08 of 2023 without adjourning the matter liberally.
4. Taking note of the submission made by learned counsel for
the Petitioner and on perusal of the record, it appears that although an
application for attachment of the salary of the Opposite Party has been
filed, no final order has yet been passed on the said petition. The matter
was taken up on 8th January, 2024 (Annexure-5) when the Opposite
Party-J.Dr. was directed to show cause as to why he should not be
committed to civil prison for not paying of the arrear dues to the wife.
The said matter was posted to 29th January, 2024. On the said date, the
matter was again adjourned on the prayer of the Opposite Party
granting him one month time to pay the outstanding maintenance to the
Petitioner. It is submitted by learned counsel for the Petitioner that as
yet, no coercive measure has been taken against the Opposite Party for
realization of the arrear maintenance. Since the Opposite party is a
Government servant, arrear maintenance could have been released by
attaching his salary so that there would be some respite to the
Petitioner.
5. In view of the facts and circumstances stated above, this
Court feels that learned Judge, Family Court, Nayagarh should not take
liberal approach in the execution case, i.e., CP (Execution) Case No.08
of 2023, more particularly, when the Petitioner is left without any
maintenance in spite of the judgment passed in CP No.190 of 2018.
Digitally Signed // 3 //
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 03-Apr-2024 14:16:45
6. It is, of course, submitted by Mr. Tripathy, learned counsel
that the Petitioner has filed MATA No.141 of 2023 before this Court,
but no interim order has been passed in the said MATA. Thus, learned
Judge, Family Court, Nayagarh has no difficulty in proceeding with the
execution case and take coercive measure for realization of the arrear
maintenance from the Opposite Party.
7. Accordingly, this writ petition is disposed of with a direction
that learned Judge, Family Court, Nayagarh without granting liberal
adjournments in the matter, should take appropriate action for
realization of the arrear as well as current maintenance from the
Opposite party at an early date.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
Rojalin Judge
