Sakuntala Prusty & Ors vs Lokanath Prusty .... Opposite Party
2025 Latest Caselaw 3279 Ori

Orissa High Court

Sakuntala Prusty & Ors vs Lokanath Prusty .... Opposite Party on 8 August, 2025

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            RPFAM No.419 of 2023

                 Sakuntala Prusty & ors.           ....          Petitioners

                                              Mr. S. Pattanaik, Advocate

                                        -versus-
                 Lokanath Prusty                  ....    Opposite Party
                                             Mr. S. K. Sarangi, Advocate

                  CORAM: JUSTICE SANJAY KUMAR MISHRA
                                      ORDER

08.08.2025 Order No.

06. This matter is taken up through hybrid mode.

2. As is revealed from the impugned judgment dated 31.10.2023, the learned Judge, Family Court-II, Bhubaneswar has rejected the application of the Petitioner- Wife so also her minor children for maintenance invoking section 125 (4) of the Code of Criminal Procedure, 1973 shortly, Cr.P.C., which is reproduced below:-

"(4) No wife shall be entitled to receive an [allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,] from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent."

3. Learned Counsel for the Opposite Party is directed to demonstrate before this Court regarding existence of any one of such elements in the impugned judgment on the adjourned date to justify the resistance of the Opposite Party to the prayer made in the present revision petition.

4. The matter be listed in the week commencing from 1st September, 2025.

5. Parties are at liberty to file their notes of submission with citations, if any, before the adjourned date after exchanging copies between them.

                                                   (S. K. MISHRA)
Banita                                                 JUDGE

Signed by: BANITA PRIYADARSHINI PALEI

Location: HIGH COURT OF ORISSA, CUTTACK