Nirjhar Biswas vs Sonali Biswas .... Opposite Party(S)
2024 Latest Caselaw 484 Ori

Orissa High Court

Nirjhar Biswas vs Sonali Biswas .... Opposite Party(S) on 9 January, 2024

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     CRLMC No. 1847 OF 2023

                 Nirjhar Biswas                  ....              Petitioner(s)
                                                  Mr. S. C. Acharya, Advocate
                                           -versus-

             Sonali Biswas                       ....         Opposite Party(s)




                      CORAM: JUSTICE SIBO SANKAR MISHRA

                                          ORDER

09.01.2024 Order No.

03. 1. Heard learned counsel for the Petitioner and learned

counsel for the State.

2. The Petitioner is assailing the order dated 13.02.2023

passed by the S.D.J.M., Bhubaneswar in Execution Case No.24 of

2020 whereby his application for modification has been turndown.

He contends that the Opposite Party-wife had filed application

under Section 12 of P.W.D.V. Act on 16.11.2015 and subsequently

on 17.09.2018, she has filed an application under Section 23 of the

P.W.D.V. Act. Learned Court below passed an order directing the

Petitioner to pay interim maintenance @ Rs.10,000/- per month

while disposing of the application under Section 23 of the P.W.D.V.

Act with effect from 16.11.2015.

3. Mr. Acharya, learned counsel for the Petitioner by relying

upon the judgment of the Hon'ble Supreme Court in Rajnesh vs.

Neha and another reported in (2021) 2 SCC 324 submits that in

fact, the Opposite Party-wife is entitled to interim maintenance

from the date of the interim application she moved on 17.09.2018

whereas the trial Court has erroneously directed the Petitioner to

pay the interim maintenance from the original application under

Section 12 of the P.W.D.V. Act filed on 16.11.2015. The Petitioner

has filed a document suggesting that he has already paid

Rs.4,66,196/- till date in toto.

4. The notice on the petition was issued on 05.01.2024. Dasti

service was also allowed. The Petitioner while venturing into

serving, the Opposite Party by taking Dasti notice discovered the

alternate address as well. He submits that he would take steps to

serve the Opposite Party by Registered Post in the fresh address to

be furnished by him during the course of the day. He has moved an

application for staying of the impugned order.

5. Subject to the Petitioner continuing paying the interim

maintenance as awarded by the Family Court, the impugned order

dated 13.02.2023 passed by the S.D.J.M., Bhubaneswar in

Execution Case No.24 of 2020 is stayed till the next date of hearing.

6. List this matter on 16th February, 2024.

                                                                         (S.S. Mishra)


                      Swarna DASH                                           Judge
Location: High Court of Orissa
Date: 11-Jan-2024 14:32:58