Shreyasweta Biswal vs Abinash Das ... Opposite Party
2025 Latest Caselaw 2165 Ori

Orissa High Court

Shreyasweta Biswal vs Abinash Das ... Opposite Party on 7 January, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                       RPFAM No.345 of 2024
     Shreyasweta Biswal                 ...           Petitioner
                                    Mr. S.Mohanty, Advocate
       R
       O
       X


                             -versus-
     Abinash Das                        ...    Opposite Party


                              CORAM:
                       JUSTICE G. SATAPATHY
                            ORDER(ORAL)

Order No.                    07.01.2025
 01.         1.      This matter is taken up through Hybrid

Arrangement (Virtual/Physical Mode).

2. This revision by the petitioner-wife seeks to challenge the quantum of maintenance as granted to her in the impugned judgment dated 19.09.2024 passed by learned Judge Family Court, Jagatsinghpur in Criminal Proceeding No. 54 of 2024 directing the OP-husband to pay a sum of Rs.6,000/- per month to the petitioner-wife as a monthly maintenance w.e.f. 02.05.2024 in an application U/S. 125 of the CrPC.

3. Heard Mr.Samvit Mohanty, learned counsel appearing for the petitioner who forcefully submits that the quantum of maintenance as granted to the petitioner is meager and thereby, the petitioner is entitled to more amount for her maintenance.

4. Perused the impugned judgment, but the learned trial Court while granting maintenance has inter alia observed the following in paragraph-9:-

"9. So far as neglect and refusal on the part of the opposite party to maintain the petitioner is concerned, it is already seen in the evidence of the petitioner that the opposite party has refused to settle the dispute between them and there is nothing on record to show that the opposite party has provided anything towards maintenance of the petitioner after the petitioner resided separately from him. It is seen further in the evidence of the petitioner that during her stay in the house of the opposite party, the opposite party and his family members tortured her for non-fulfillment of the additional demand of dowry to the tune of Rs.6 lakhs to purchase a car and ultimately they attempted to kill the petitioner. The aforesaid conduct of the opposite party goes to show that he has neglected in maintaining the petitioner. Therefore, this Court held that the opposite party has neglected and refused to maintain the petitioner despite having sufficient means and hence, he should be directed to maintain the petitioner".

It, therefore, appears that the learned trial Court has granted maintenance to the petitioner a sum of Rs.6,000/- per month, but how the trial Court has arrived at such amount has not been detailed in the impugned order.

5. In the aforesaid premises and taking into consideration the submission as advanced for the

petitioner, this Court does not wish to pass any order without seeking response of the OP. Issue notice to the OP on the issue of quantum of maintenance 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.

6. List this matter on 11th February, 2025.

(G. Satapathy) Judge

kishore

Signed by: KISHORE KUMAR SAHOO

Location: High Court of Orissa Date: 07-Jan-2025 17:28:52