Pankaj Kumar Behera vs Kanak Manjari Behera And ... Opposite ...
2024 Latest Caselaw 17010 Ori

Orissa High Court

Pankaj Kumar Behera vs Kanak Manjari Behera And ... Opposite ... on 22 November, 2024

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                         RPFAM No.184 of 2024

     Pankaj Kumar Behera                     ...         Petitioner
                                    Mr. B.P. Pradhan, Advocate
                             -versus-
     Kanak Manjari Behera and                ...   Opposite Parties
     others                                                           .




                                CORAM:
                         JUSTICE G. SATAPATHY
                             ORDER(ORAL)

22.11.2024 Order No.

01. RPFAM No.184 of 2024 & I.A. No.269 of 2024

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. This revision is directed against the impugned judgment dated 19.03.2024 passed in CRP Case No.101 of 2012 by which the learned Judge, Family Court, Bhubaneswar has directed the OP-husband to pay a sum of Rs.8,000/- to petitioner No.1-wife and Rs.4,000/- each to petitioner Nos.2 and 3 total Rs.16,000/- towards monthly maintenance w.e.f. 27.07.2012.

3. In the course of hearing, Mr. Bishnu Prasad Pradhan, learned counsel for the petitioner by drawing attention of the Court to the relevant portion of the judgment submits that not only the present OPNo.2 was major at the time of filing of application, but also present OPNo.3 had already attained the age of majority by the time of passing of the impugned judgment and notwithstanding to such fact, the learned trial Court has

directed payment of maintenance to present OPNos.2 and 3 in addition to directing present petitioner to pay Rs.8,000/- to present OPNo.1 who has also admitted to be receiving Rs.10,000/- per month in terms of the order passed in DV Misc. Case No.28 of 2014. Further, Mr. Pradhan submits that now the present OPNos.2 and 3 are employed and are getting handsome salary, but ignoring such facts, the learned trial Court has passed the impugned order which is unsustainable in the eye of law and liable to be interfered with.

4. In view of the aforesaid emphatic submission and taking into account the materials placed on record, this Court does not wish to pass any order without seeking response of the OP.

5. Accordingly, issue notice on admission of revision to OPs by Speed Post/Registered Post with AD fixing a short returnable date. Requisites for issuance of notice shall be filed within three working days.

6. As an interim measure, there shall be stay operation of the impugned order subject to condition the petitioner paying a sum of Rs.5,000/- per month to OPNo.1-wife and 25% of the arrear amount of maintenance to her.

7. List this matter on 09.01.2025.

Digitally Signed                                                             Judge


Location: High Court ofSubhasmita
                        Orissa
Date: 22-Nov-2024 15:24:44