K. Anantharaja vs Dr. Bandita Pati And Another .... ...
2024 Latest Caselaw 10048 Ori

Orissa High Court

K. Anantharaja vs Dr. Bandita Pati And Another .... ... on 6 June, 2024

Author: Murahari Sri Raman

Bench: Murahari Sri Raman

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                           CRLMP No.865 of 2024

            K. Anantharaja                             ....           Petitioner
                                            Mr. Rajesh Tripathy, Advocate on
                                            behalf of Mr. C.R. Sahu, Advocate

                                        -versus-
            Dr. Bandita Pati and another               .... Opposite Parties



                                 CORAM:
                 HON'BLE MR. JUSTICE MURAHARI SRI RAMAN

Order No.                                ORDER
   01.                                  06.06.2024

This matter is taken up through Hybrid Mode.

2. Challenging the order dated 01.03.2024 passed by the learned Judge, Family Court, Baripada, learned counsel for the petitioner submitted that the petitioner is not liable to pay arrear interim maintenance and DW/CNBW for non-payment of interim maintenance is not maintainable in view of the fact that vide judgment dated 27.03.2023 passed by learned Judge, Family Court, Bhubaneswar, the marriage between the petitioner and opposite party no.1 has been dissolved and, accordingly, decree has been passed. As a condition thereof a lump sum amount of Rs.15,00,000/- (Rupees Fifteen Lakhs only) was fixed as permanent alimony to opposite party no.1-wife. It is brought to the notice of this Court, by way of enclosing copy of demand draft dated 11.04.2023, that deposit of Rs.15,00,000/- (Rupees Fifteen Lakhs only) in favour of opposite party no.1 has already been made.

3. Learned counsel for the petitioner further submitted that the petitioner has paid interim maintenance of Rs.15,000/- (Rupees Fifteen Thousands only) per month, as directed under Section 125 of Cr.P.C. by the learned Judge, Family Court, Baripada in CRP No.20 of 2020, regularly till the date of judgment/decree, i.e., 27.03.2023.

4. Issue notice to the opposite parties by Registered post/Speed post with A.D., requisites for which shall be filed within seven working days. Notice be issued fixing a short returnable date.

5. List this matter in the week commencing 22.07.2024 before the assigned Bench.

6. Considering the submission of learned counsel for the petitioner that amount of interim maintenance of Rs.15,000/- (Rupees Fifteen Thousands only) per month as directed by the learned Judge, Family Court, Baripada had been paid to the opposite parties till the date of judgment/decree of dissolution of marriage is passed by the learned Judge, Family Court, Bhubaneswar and also considering the fact that a demand draft of Rs.15,00,000/- (Rupees Fifteen Lakhs only) has been drawn in favour of the opposite parties as a condition for decree, the effect of order dated 01.03.2024 passed by the learned Judge, Family Court, Baripada be kept in abeyance till the next date.

Issue urgent certified copy of this order as per rules.

(M.S. Raman) Vacation Judge Laxmikant

Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 06-Jun-2024 18:18:55