Srikanta Lenka vs Monalisa Jena ... Opposite Party
2024 Latest Caselaw 17022 Ori

Orissa High Court

Srikanta Lenka vs Monalisa Jena ... Opposite Party on 22 November, 2024

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                       RPFAM No.201 of 2024

     Srikanta Lenka                      ...                   Petitioner
                                    Mr. S.S. Mohapatra, Advocate
                                -versus-
     Monalisa Jena                       ...          Opposite Party


                              CORAM:
                       JUSTICE G. SATAPATHY

                              ORDER(ORAL)

Order No. 22.11.2024

01. RPFAM No.201 of 2024 & I.A. No.293 of 2024

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

2. This revision is directed against the impugned judgment dated 10.06.2024 passed in Crl.P. Case No.19 of 2023 by which the learned Judge, Family Court, Jagatsinghpur has directed the petitioner-husband to pay a sum of Rs.5,000/- to OP- wife as a monthly maintenance w.e.f. 20.02.2023.

3. In the course of hearing, Mr. Susanta Sekhar Mohapatra, learned counsel for the petitioner submits that the petitioner only challenges the quantum of maintenance in this case, inasmuch as he has been directed by the Maintenance Tribunal to pay a sum of Rs.3,000/- per month to his parents and thereby, if that amount is deducted from his salary of Rs.11,000/-, the petitioner-husband would be left with only Rs.8,000/-, but he has been asked to pay a

sum of Rs.5,000/- per month to the OP-wife which is excessive in the circumstance and thereby, the impugned judgment is liable to be interfered with.

4. In view of such submission and taking into account the facts involved in this case, this Court does not wish to pass any order without seeking response of the OP.

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

6. As an interim measure, there shall be stay of operation of the impugned order subject to condition the petitioner paying a sum of Rs.3,000/- per month to the OP-wife with 25% of arrear amount.

7. List this matter on 9th January, 2025.

(G. Satapathy) Judge

S. Sasmal