Sumata Rout @ Sumanta vs Swarupanandini Biswal & ... Opposite ...
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Orissa High Court

Sumata Rout @ Sumanta vs Swarupanandini Biswal & ... Opposite ... on 2 January, 2025

Author: G. Satapathy

Bench: G. Satapathy

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                         RPFAM No.211 of 2024
     Sumata Rout @ Sumanta                    ...              Petitioner
     Kumar Rout
                                           Mr. A.K.Das-1, Advocate
       R
       O
       X


                          -versus-
     Swarupanandini Biswal &                  ... Opposite Parties
     another


                               CORAM:
                        JUSTICE G. SATAPATHY
                           ORDER(ORAL)

02.01.2025 RPFAM No. 211 of 2024 & I.A. No.321 of 2024 Order No.

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

2. This revision petition by the husband- petitioner challenges the impugned judgment dated 14.05.2024 passed by the learned Judge Family Court, Dhenkanal in Cr.P No. 25 of 2024 by which the husband has been directed to pay a sum of Rs.4,000/- to the wife and Rs.3,000/- to the minor son as monthly maintenance w.e.f. the date of filing of the application.

3. Assailing the impugned order, Mr.Arun Kumar Das-1, learned counsel for the petitioner submits that not only the learned trial Court has deviated in assessing the income of the husband, but also the wife has not filed the affidavit of assets and liabilities

in obedience to the principle settled by Apex Court in Rajnesh vrs. Neha and another; (2021) 2 SCC 324 and thereby the impugned order is unsustainable in the eye of law.

4. In view of the aforesaid submissions and taking into account the prayer of the petitioner, this Court does not wish to pass any final order without seeking response of the opposite parties. Issue notice on admission in RPFAM to opposite party No.1 through Speed Post/Registered Post with AD by fixing a short returnable date. Requisites for issuance of notice against opposite party No.1 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 50% of the monthly maintenance as well as arrear maintenance to the opposite parties.

6. List this matter on 28th January, 2025.

(G. Satapathy) Judge

kishore

Signed by: KISHORE KUMAR SAHOO

Location: High Court of Orissa Date: 02-Jan-2025 17:34:08