Kishore Chandra Bag vs Arnabha Bag
2025 Latest Caselaw 3555 Ori

Orissa High Court

Kishore Chandra Bag vs Arnabha Bag on 3 February, 2025

Bench: B. P. Routray, Chittaranjan Dash

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MATA No. 76 of 2021

            Kishore Chandra Bag                         ....          Appellant
                                                     Mr. H. B. Dash, Advocate


                                          -versus-


            Arnabha Bag                                 ....         Respondent
                                                       Ms. J. Sarkar, Advocate


                        CORAM:
                        JUSTICE B. P. ROUTRAY
                        JUSTICE CHITTARANJAN DASH

                                       ORDER

03.02.2025 Order No.

08. 1. Heard Mr. H. B. Dash, learned counsel for the Appellant and Ms. J. Sarkar, learned counsel for the Respondent.

2. The Appellant is the father of Respondent-minor son. A proceeding under Section 20 was initiated by the maternal grand- mother of the child against the father of minor Respondent praying for maintenance to the extent of Rs.10,000/- per month for the child. Learned Family Court allowed the prayer and directed for payment of Rs.5000/- per month as maintenance by the father towards the minor son. This is challenged in the present appeal.

3. The background facts, as submitted by the parties are that, upon death of the mother of the minor child, an FIR was registered against the father alleging offences under Section

304-B and 201 of the IPC leading to registration of G.R. Case No.1287 of 2016.

4. It is submitted that Final Report being submitted in the said case, a protest petition was filed from the side of the informant. However, the minor child remained with his maternal grand- mother since the date of death of mother of the child. It is undisputed that the child is still staying with the maternal grand- mother.

5. Mr. Dash, learned counsel for the Appellant fairly submits that till date the custody of the child is with the maternal grand- mother as the case filed by him in C.P. No. 7 of 2015 praying for custody of the child has been disallowed by judgment dated 18th August 2017 of learned Judge, Family Court. Further, no appeal has been preferred by the husband against the said judgment.

6. In the circumstances, as it stated above, the admitted fact remains that the custody of the minor child is with the maternal grand-mother till date. The minor child is presently prosecuting his studies. Considering all circumstances and after an elaborate discussion, learned Family Court has granted Rs.5000/- as monthly maintenance. Here, it is to be stated that according to the Appellant, he is serving as Guest Instructor in Industrial Training Institution, Rourkela since 18th September 2007 and getting monthly remuneration of Rs.16,880/- as on date.

7. Accordingly, we do not find any infirmity in the quantum of monthly maintenance directed by the learned Family Judge in

favour of the minor child. Thus, without finding any reason to interfere, the Appeal is dismissed.

(B.P. Routray) Judge

(Chittaranjan Dash) Judge

AKPradhan/BKSahoo

Location: HIGH COURT OF ORISSA Date: 04-Feb-2025 16:33:44