Orissa High Court
Upendra Kumr Swain vs Rasmita Swain on 20 February, 2025
Bench: B. P. Routray, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No.135 of 2024
Upendra Kumr Swain .... Appellant
Ms. P. Naidu, Advocate
-versus-
Rasmita Swain .... Respondent
Mr. A.K. Mishra, Advocate
CORAM:
JUSTICE B. P. ROUTRAY
JUSTICE CHITTARANJAN DASH
ORDER
20.02.2025
Order No.
04. 1. Heard Ms. P. Naidu, learned counsel for the Appellant-Father
and Mr. A.K. Mishra, learned counsel for the Respondent-
Daughter.
2. Present appeal is directed against the impugned judgment
dated 26.04.2023 passed by the learned Judge, Family Court,
Khurda, Circuit Court at Banpur in Civil Petition No.179 of 2019,
wherein learned Judge, Family Court has directed the Appellant
to pay maintenance to the tune of Rs.9000/- per month along with
marriage expenses of Rs.5,00,000/- in favour of the Respondent,
who is also his daughter.
3. Ms. P. Naidu, learned counsel for the Appellant submits that
the Respondent-Daughter is a major girl aged about 33 years and
is capable to maintain herself. She further contends that, till date
since her marriage has not been fixed, the question of payment of
marriage expenses does not arise.
Location: High Court of Orissa, Cuttack
Date: 20-Feb-2025 16:53:44
4. Keeping in view the mandate of Section 20 of the Hindu
Adoption and Maintenance Act and taking note of the fact that
there is no material brought on record to show any income on the
part of the daughter, we are not inclined to interfere with the
order of maintenance directed by the learned Judge, Family
Court. Since the daughter is still unemployed without having any
income according to her claim, we feel that the direction of
payment of Rs.9000/- towards her maintenance is appropriate
keeping in view the extent of income of the father.
5. So far as the question of payment of marriage expenses is
concerned, it is admitted by Mr. A.K. Mishra, learned counsel for
the Respondent (Daughter) that the marriage has not yet been
fixed. At the same time, it is submitted that since there is no
money in disposal, the proposal of marriage is not getting
materialised.
6. Keeping in view the submissions that the marriage of the
daughter has not been fixed yet, we feel it appropriate to modify
the direction of the learned Judge, Family Court, Khurda to the
extent that the amount of marriage expenses to the tune of
Rs.5,00,000/- as directed by the learned Judge, Family Court,
Khurda shall be kept in a interest bearing fixed deposit account,
within a period of 75 (seventy-five) days, for such period till the
marriage of the Respondent-Daughter is fixed and finalized.
When the marriage proposal will be finalized and the date of
marriage is fixed, the Respondent will be at liberty to approach
the learned Judge, Family Court, Khurda to get the said amount
released in her favour in advance to the date of marriage.
Signed by: BASANTA KUMAR BARIK
Designation: Secretary
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 20-Feb-2025 16:53:44
7. The appeal is accordingly disposed of with the aforesaid
observation and direction.
8. An urgent certified copy of this order be granted on proper
application.
(B.P. Routray)
Judge
(Chittaranjan Dash)
Judge
B.K. Barik
Signed by: BASANTA KUMAR BARIK
Designation: Secretary
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 20-Feb-2025 16:53:44
