Hadibandhu Jena vs Jayashree Jena ... Opposite Party
2025 Latest Caselaw 2033 Ori

Orissa High Court

Hadibandhu Jena vs Jayashree Jena ... Opposite Party on 2 January, 2025

Author: G. Satapathy

Bench: G. Satapathy

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                        RPFAM No.325 of 2024
     Hadibandhu Jena                        ...             Petitioner
                                        Mr. A.Pattanaik, Advocate
       R
       O
       X


                               -versus-
     Jayashree Jena                         ...       Opposite Party


                               CORAM:
                        JUSTICE G. SATAPATHY
                           ORDER(ORAL)

02.01.2025 RPFAM No. 325 of 2024 & I.A. No.449 of 2024 Order No.

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

2. This revision petition by the husband- petitioner is directed against the impugned judgment dated 05.09.2024 passed by the learned Judge Family Court, Khurda in Cr.P No. 294 of 2021 directing the petitioner to pay a sum of Rs.3,000/- per month to the OP-wife as monthly maintenance w.e.f. 24.11.2021 in an application U/S. 125 of the CrPC.

3. Heard Mr.Achyutananda Pattanaik, learned counsel for the petitioner who in the course of hearing submits that since decree of divorce in this case was granted between the petitioner and OP on the ground of adultery, the OP-wife is not entitled to get maintenance, but ignoring such fact and without

any analysis of law, the learned trial Court has proceeded to grant maintenance to the OP-wife and, therefore, the impugned order is liable to be set aside.

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 party. Issue notice on admission in RPFAM as well as in IA 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. Accept one set of process fee.

5. List this matter on 3rd February, 2025.

(G. Satapathy) Judge

kishore

Signed by: KISHORE KUMAR SAHOO

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