Gyaneswar Pera vs Sunita Suna ... Opposite
2025 Latest Caselaw 2782 Ori

Orissa High Court

Gyaneswar Pera vs Sunita Suna ... Opposite on 20 January, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                              RPFAM No.05 of 2025
     Gyaneswar Pera                                  ...    Petitioner
                                        Mr. B. Mohapatra, Advocate
                                  -versus-
     Sunita Suna                                  ...      Opposite
                                                            Party

                                 CORAM:
                          JUSTICE G. SATAPATHY
                             ORDER(ORAL)

20.01.2025 Order No. RPFAM No. 05 of 2025 & I.A. No. 13 of 2025

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

2. This revision by the husband is directed against the impugned judgment dated 12.11.2024 passed in CMC No. 18 of 2019 by which the learned Judge, Family Court, Bargarh has ordered the Petitioner to pay a sum of Rs. 5,000/- per month to the OP-wife w.e.f 03.04.2019 in an application U/S. 125 of the Cr.P.C.

3. In the course of hearing, Mr. Biswajit Mohapatra, learned counsel for the Petitioner submits that not only the present proceeding was disposed of by the said Court, but also the proceeding between the parties for grant of divorce was allowed on the same date by granting a sum of Rs. 5,00,000/- to the OP as a permanent alimony and, therefore, after granting a permanent alimony, the Petitioner-wife cannot seek for maintenance in view of the law laid down by the Apex Court in Rakesh Malhotra Vrs. Krishna Malhotra; (2020) 14 SCC 150.

4. In view of the aforesaid facts and circumstance and taking into account the grounds of challenge as advanced by the Petitioner, issue notice on admission to OP by Speed Post/Registered Post with AD fixing a short returnable date. Requisites for issuance of notice shall be filed within three working days.

5. List this matter on 24.02.2025.

6. As an interim measure, there shall be stay operation of the impugned order subject to condition the Petitioner paying the current maintenance amount to the OP.

(G. Satapathy) Judge Priyajit

Location: HIGH COURT OF ORISSA