Papun Kumar Pradhan @ Papun vs Sushama Gadnayak @ Susama ... Opposite ...
2025 Latest Caselaw 4350 Ori

Orissa High Court

Papun Kumar Pradhan @ Papun vs Sushama Gadnayak @ Susama ... Opposite ... on 21 February, 2025

Author: G. Satapathy

Bench: G. Satapathy

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                        RPFAM No.213 of 2024
     Papun Kumar Pradhan @ Papun ...          Petitioner
     Pradhan
                               Mr. A.K.Sahoo, Advocate
       R
       O
       X


                         -versus-
     Sushama Gadnayak @ Susama               ...     Opposite Party
     Garnaik


                               CORAM:
                        JUSTICE G. SATAPATHY
                           ORDER(ORAL)

21.02.2025 RPFAM No. 213 of 2024 & I.A. No.325 of 2024 Order No.

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

2. This revision is directed against the impugned judgment dated 29.02.2024 passed by the learned Judge Family Court, Deogarh in Criminal Proceeding No. 27 of 2022 directing the petitioner- husband to pay a sum of Rs.3,000/- per month to OP-wife as maintenance w.e.f. 09.08.2023 in an application U/S. 125 of the CrPC.

3. Heard Mr.Akshaya Kumar Sahoo, learned counsel for the petitioner who forcefully submits that although the OP-wife is a Bidi worker and earning some amount, but that has not been taken into account by the learned trial Court while quantifying the maintenance.

4. In view of the aforesaid submissions and taking into account the evidence of the witnesses as stated in their depositions, whose certified copies are produced by learned counsel for the petitioner and wherein it has been explained by the petitioner- husband that he is a mason, this Court does not wish to pass any 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 subject to the condition of the petitioner-husband paying current maintenance @ Rs.2,000/- per month to OP-wife and 50% of the arrear amount in three equal monthly installments with first one commencing from 15th March, 2025.

6. List this matter on 3rd April, 2025.

(G. Satapathy) Judge

kishore

Signed by: KISHORE KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 24-Feb-2025 13:43:26