Manmohan Singh Maini vs Arvinder Kaur ... Opposite Party
2025 Latest Caselaw 4162 Ori

Orissa High Court

Manmohan Singh Maini vs Arvinder Kaur ... Opposite Party on 18 February, 2025

Author: G. Satapathy

Bench: G. Satapathy

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                        RPFAM No.361 of 2024
     Manmohan Singh Maini                      ...              Petitioner
                                         Mr. T.K.Mishra, Advocate
       R
       O
       X


                               -versus-
     Arvinder Kaur                             ...     Opposite Party


                               CORAM:
                        JUSTICE G. SATAPATHY
                           ORDER(ORAL)

18.02.2025 RPFAM No. 361 of 2024 & I.A. No.536 of 2024 Order No.

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

2. This revision is directed against the impugned judgment dated 06.11.2024 passed by the learned Judge Family Court, Rourkela in Criminal Proceeding No. 26 of 2022 directing the petitioner- husband to pay a sum of Rs.25,000/- per month to OP-wife towards maintenance w.e.f. 16.04.2022 in in an application U/S. 125 of the CrPC.

3. Heard Mr.Tusar Kumar Mishra, learned counsel for the petitioner who forcefully submits that although no income tax return of the petitioner- husband has been filed by the OP-wife, but the learned trial Court while assessing the income of the petitioner-husband has taken into account some income tax return which is not borne out from the

record and, therefore, the present order is unsustainable in the eye of law.

4. In view of the aforesaid submissions and looking at the prayer of the petitioner, this Court does not wish to pass any final order without seeking response of the opposite party. Issue notice on admission in RPFAM to opposite party through Speed Post/Registered Post with AD by fixing a short returnable date. Requisites for issuance of notice against opposite party shall be filed within three working days.

5. As an interim measure, there shall be stay operation of the impugned order till next date subject to the condition of the petitioner-husband paying current maintenance @ Rs.15,000/- per month to OP- wife and 50% of the arrear amount.

6. List this matter on 2nd April, 2025.

(G. Satapathy) Judge

kishore

Signed by: KISHORE KUMAR SAHOO

Location: High Court of Orissa Date: 19-Feb-2025 10:20:58