Citation : 2025 Latest Caselaw 11090 Ori
Judgement Date : 11 December, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No. 191 of 2025
Bibek Kumar Sandil .... Appellant
Represented by Adv.-
Mr. Amiya Bhusan Dash, Advocate
-Versus-
Bharati Bhumij & Another .... Respondents
Represented by Adv._
Mr. Upendra Ku. Samal, Advocate
CORAM:
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
AND
HON'BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO
ORDER
Order No. 11.12.2025
(Hybrid mode)
I.A. No.691 of 2025 & MATA No.191 of 2025
03. 1. The copy of the I.A. has been served on the learned counsel appearing for the appellant.
2. The appellant is working as Senior Section Engineer (Electrical) in South Western Railway (SWR), Soudha, Gadag Road, Hubballi, Karnataka, PIN : 580020, India.
3. The Appeal has been filed challenging the judgment and decree dated 12th March, 2025 passed under Section-18 & 20 of the Hindu Adoption and Maintenance Act, 1956 by the respondent- wife as well as the minor daughter.
The total amount that remains unpaid pursuant to the decree is stated in paragraph-6 of I.A. which is reproduced herein:-
"6. That the appellant (husband) is liable to pay Rs.7,55,000/- (i.e. Rs.11,50,000/- - Rs.3,95,000/-). On the plea of pendency of the present appeal the husband
(appellant) is not paying the maintenance amount as a result of which both the respondents are facing a lot of difficulties. The respondent no.2 is reading in Class-VII of Guru Nanak Public School, At- Sector 21, Rourkela and the award of Rs.10,000/- is also not adequate to meet the expenses of School, Tuition and other expenses."
4. The General Manager, South Western Railway (SWR), Soudha, Gadag Road, Hubballi, Karnataka, PIN: 580020, India shall direct the drawing and disbursing authority of the appellant to deduct the amount of Rs.25,000/- (Rupees Twenty Five Thousand) (Rs.15,000/- maintenance for the wife and Rs.10,000/- for the daughter) w.e.f. January, 2026 to be credited to the account of respondent-wife, Bharati Bhumij, Account No.10478210352, State Bank of India, Udit Nagar, Rourkela, IFSC No. SBIN0007474 every month from the salary of the appellant.
5. Towards arrear of the amount of Rs.7,55,000/- (Rupees Seven Lakh Fifty Five Thousand), a further Rs.10,000/- (Rupees Ten Thousand) shall be deducted till the entire amount of Rs.7,55,000/- is satisfied.
6. We take serious exception to the fact that in the pretext of filing the appeal, the appellant has not complied with the decree, though this Court has never interfered with the decree and not passed any interim order. Instead of imposing heavy cost, we are persuaded by the learned counsel for the appellant for adjourning the matter.
The order shall be communicated by the Registry to the General Manager, South Western Railway (SWR), Soudha, Gadag Road, Hubballi, Karnataka, PIN: 580020, India for compliance.
7. Copy of the order shall be served on the learned DSGI to enable him to instruct General Manager, South Western Railway (SWR), Soudha, Gadag Road, Hubballi, Karnataka, PIN: 580020, India and ensure compliance.
8. List under the same heading on 27th January, 2026.
(Manash Ranjan Pathak) Judge
(Mruganka Sekhar Sahoo) Judge Narayan/Ranjeeta
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