Orissa High Court
Shyamali Das vs Nayan Kumar Das .... Opposite Parties on 11 November, 2024
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No. 301 of 2023
Shyamali Das .... Petitioner
Mr. N. Behuria, Advocate
-versus-
1. Nayan Kumar Das .... Opposite Parties
2. Sudha Sinha
Mr. B.K. Routray, Advocate.
CRLREV No. 643 of 2022
Nayan Kumar Das @ .... Petitioner
Dash @ Nayan Das
Mr. B.K. Routray, Advocate
-versus-
1. Shamali Das .... Opposite Parties
2. Sudha Sinha
Mr. N. Behuria, Advocate
CORAM: JUSTICE V. NARASINGH
ORDER
11.11.2024
I.A. No. 410 of 2023 arising out of CRLREV No.301 of 2023
Order No.
04. 1. Heard learned counsel for the Petitioners and
learned counsel for the Opposite Parties.
2. This I.A. has been filed for condonation of
delay.
3. Taking into account the recital in the I.A. and
submissions at the Bar, the delay of 88 days in filing
the CRLREV No.301 of 2023 is condoned.
4. Accordingly, the I.A. stands disposed of.
(V. Narasingh)
Judge
CRLREV Nos. 301 of 2023 & 643 of 2022
Order No.
04. 1. Heard learned counsel for the Petitioners and
learned counsel for the Opposite Parties.
2. Since in both the criminal revisions the
Judgment dated 06.12.2022 passed by the learned
Sessions Judge, Sambalpur in Criminal Appeal No.11
of 2022 is assailed, on the consent of the Parties they
are taken up together and disposed of by this
common order.
3. The Petitioner in CRLREV No.301 of 2023 as
aggrieved person filed CMC (DV) No.200 of 2021
under Section 23(1) of the Protection of Women from
Domestic Violence Act, 2005 (hereinafter referred to as
"Act, 2005" for brevity) with a prayer to direct
Respondent therein (the Petitioner in the connected
CRLREV) for interim custody of their minor child and to
pay a sum of Rs.1,00,000/- as interim medical
expenditure for her treatment.
4. After considering the competing claims, the
learned J.M.F.C. by order dated 30.07.2022 allowed the
prayer of the aggrieved person (Petitioner in CRLREV
No.301 of 2023) on contest and directed the
Respondent (Petitioner in CRLREV No.643 of 2022) to
pay interim medical maintenance of Rs.50,000/- and
also directed handing over the custody of the child of
the Petitioner and the Opposite Party to the
complainant (Petitioner-aggrieved person) within one
month from the date of the said order.
5. Assailing the same, the Opposite Party therein-
husband moved the learned Sessions Judge on the
appellate side under Section 29 of the Protection of
Women from Domestic Violence Act, 2005, registered
as Criminal Appeal No.11 of 2022.
6. By the impugned order, the learned Appellate
Court taking into account the treatment, she is
undergoing at AIIMS, Bhubaneswar did not interfere
with the direction of to pay Rs.50,000/- to the
aggrieved person per month but modified direction
relating to handing over of the child to the wife
inasmuch as the learned appellate Court directed that
every Sunday in the morning at about 8.00 A.M. the
husband (Petitioner in CRLREV No.643 of 2022) shall
leave the child in the custody of his mother (Petitioner
in CRLREV No.301 of 2023) and take him back in the
evening not earlier than 5.00 P.M. of the same day.
7. The Petitioner in (CRLREV No.301 of 2023) is
the aggrieved person, who assails the direction of the
learned Sessions Judge modifying the order relating to
custody and the Petitioner in CRLREV No.643 of 2022,
Opposite Party-Appellant before the learned Sessions
Judge has assailed both the directions relating to
payment of Rs.50,000/- for treatment as well as the
direction to leave the child in custody of his mother,
(Petitioner in CRLREV No.301 of 2023) on every
Sunday.
8. On perusal of the impugned order, it is seen
that the learned Trial Court was alive to the interest of
child and discussed the health condition of the mother
and also referred to the interaction with the child
relating to his academic activities, school teacher,
classmates etc.
9. Since admittedly the child is studying in a
reputed English Medium School at Bargarh, taking note
of the health condition of the mother, (Petitioner in
CRLREV No.301 of 2023) and the attachment that the
child has for the father and considering the interest and
welfare of the child as paramount modified the direction
of handing over of custody of the child to the mother.
10. This Court does not find any infirmity in such
order and the direction to ensure that the child meets
his mother on every Sunday in the morning at 8.00
A.M. and till the evening not earlier than 5.00 P.M.
11. Learned counsel for the Petitioner-husband in
CRLREV No.643 of 2022 submits that there is no
material on record to substantiate the claim for
Rs.50,000/- as interim maintenance per month towards
medical expenses. And, it is his submission that such
direction is per se on account of perverse exercise of
power.
12. Such submission is refuted by the learned
counsel for the aggrieved person. It is submitted that
referring to continuing treatment in AIIMS such
direction has been passed and as such the same does
not warrant interference.
13. On consideration of rival contention and
materials on record, this Court is of the considered view
that the ends of justice would be subserved in reducing
the amount towards medical expenses from
Rs.50,000/- to Rs.30,000/- for the Petitioner in CRLREV
No.643 of 2022.
14. With such modification of the impugned
appellate order, both the CRLREVs are disposed of.
(V. Narasingh)
Judge
Signature
Santoshi
Not Verified
Digitally Signed
Signed by: SANTOSHI LENKA
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 14-Nov-2024 19:03:41
