Orissa High Court
Sita Das & Another vs State Of Odisha & Others .... Opposite ... on 9 January, 2024
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.92 of 2024
Sita Das & another .... Petitioners
Mr. R.R.Ray,Advocate
-versus-
State of Odisha & others .... Opposite Parties
Mr. N.K.Praharaj,
A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
09.01.2024
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioners as well as learned
Additional Government Advocate for the State-Opposite Parties.
Perused the Writ Petition as well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with the
following prayer:
"In view of the aforementioned facts and
circumstances of the case, It is therefore prayed that,
this Hon'ble Court may be graciously pleased enough
to admit the case of the petitioners and further be
pleased enough to pass and order directing Opp. Party
No- 3 to hold up the service and retiral benefits of the
Opp. Party No- 4 till due transfer of the share of these
petitioners to their accounts and arrear maintenance as
per the decision of Learned Court below as at
Annexure-3.
And/or may pass any other order(s), direction(s)
to the facts and circumstances of the case as this
Hon'ble Court would deem just, fit and proper for the
// 2 //
ends of justice."
4. Learned counsel for the petitioners submitted that the present
petitioners are the wife and son of one Akshay Kumar Das, Opposite
Party No.4, who is a Government employee. He further contended
that the petitioner No.1 is the wife of the Opposite Party No.4 and the
Opposite Party No.2 is a mentally retarded son of Opposite Party
No.4. He further contended that since the petitioners were ill-treated
by the Opposite party No.4 they have approached the Judge Family
Court by filing an application for grant of maintenance under Section
125 of Cr.P.C., which was registered as criminal petition No.168 of
2016. Learned counsel for the petitioner further contended that the
Judge Family Court, Khordha, vide judgment dated 30.11.2016, has
passed an order thereby granting payment of monthly maintenance of
Rs.2500/- to the each of the petitioners from the date of filing of
maintenance application i.e. from 24.05.2016, with a further direction
to the opposite party No.4 to pay the regular monthly maintenance to
the petitioner in the first week of every succeeding month. So far the
payment of the arrear monthly maintenance amount is concerned the
opposite party No.4 was directed to pay the same in 8 equal monthly
installments which is over and above the payment of the regular
monthly maintenance amount to the present petitioners. While
disposing of the maintenance application the learned Judge Family
Court, Khordha has given liberty to the petitioner to recover the
amount from the Opposite Party No.4 through the process of the
Court. Learned counsel for the petitioner at this juncture submitted
that despite such judgment by the Judge family Court, Khordha. The
Opposite Party No.4 has not paid anything to the present petitioners.
Therefore, they were compelled to approach this Court by filing the
present writ application.
5. Learned Additional Government Advocate on the other hand
// 3 //
contended that since the basis of the claim of the the present
petitioner is the judgment passed by the Judge Family Court,
Khordha, the petitioner should have approached the Judge Family
Court, Khordha for execution of the order passed by the learned
Judge Family Court, Khordha instead of approaching this Court by
revoking writ jurisdiction of this Court. In such view of the matter,
learned Additional Government Advocate submitted that the
petitioner be directed to approach the learned Judge Family Court,
Khordha for implementation of the judgment passed by the said
Court.
6. Having heard learned counsels appearing for the respective
parties, and on a careful examination of the background facts as well
as the legal position in the present case, this Court deems it proper to
dispose of the writ application at the stage of admission by granting
liberty to the petitioners approach the Judge Family Court, Khordha
by filing an application. In such eventuality, the Judge Family Court,
Khordha shall do well to ensure that the awarded maintenance
amount is paid to the petitioners at the earliest. Since it was brought
to the notice of the Court that the Opposite Party No.4 is going to
retire on 31st January, 2024 learned Judge Family Court shall take
immediate steps to recover the arrear amounts from the retirement
dues of the opposite party No.4 in accordance with law, subject to the
condition that the judgment passed by the Judge Family Court has
not been varied/modified/set aside by any higher forum.
7. With the aforesaid observation and the direction, the writ
application stands disposed of.
8. Issue urgent certified copy of this order as per Rules.
Signed by: RUBI BEHERA Judge
Rubi Reason: Authentication
Location: High Court of Orissa
Date: 16-Jan-2024 10:31:29
