Pankaj Charan Nayak vs Rasmita Bhanjababu And Others ... ...
2025 Latest Caselaw 2784 Ori

Orissa High Court

Pankaj Charan Nayak vs Rasmita Bhanjababu And Others ... ... on 20 January, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           RPFAM No.385 of 2024
     Pankaj Charan Nayak                                 ...    Petitioner
                                                 Mr. P.K. Dash, Advocate
                          -versus-
     Rasmita Bhanjababu and others                       ...     Opposite
                                                                Parties

                                 CORAM:
                          JUSTICE G. SATAPATHY
                             ORDER(ORAL)

20.01.2025 Order No. RPFAM No. 385 of 2024 & I.A. No. 572 of 2024

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

2. This revision by the Petitioner-husband seeks to assail the impugned judgment dated 21.11.2024 passed in Cr.P. Case No. 83 of 2023 by which the learned Judge, Family Court, Baripada has ordered the Petitioner to pay a sum of Rs. 4,000/- per month to the OP No.1 and Rs. 3,000/- per month each to OP Nos.2 and 3 for their maintenance w.e.f 11.05.2023 in an application U/S. 125 of the Cr.P.C.

3. In the course of hearing, Mr. Pranaya Kumar Dash, learned counsel for the Petitioner by emphasizing the non- compliance of the mandatory direction issued by the Apex Court in the decision in Rajnesh Vrs. Neha and another; (2021) 2 SCC 324 submits that not only the trial Court ignored such compliance, but also without appreciating the evidence on record has passed the impugned order, even if the present Petitioner is ready and willing to take back his wife and children which itself

discloses an element of settlement between the parties. Accordingly, Mr. Dash prays to issue notice to the OPs.

4. In view of the aforesaid submission and taking into account the grounds of challenge as raised by the learned counsel for the Petitioner in the present revision, issue notice on admission to OPs 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 21.02.2025.

6. As an interim measure, there shall be stay operation of the impugned order subject to condition the Petitioner paying a sum of Rs. 3,000/- to the OP No.1 and Rs. 1,500/- each to the OP Nos. 2 & 3 per month and 50 % of the arrear maintenance to the OPs. .

(G. Satapathy) Judge Priyajit

Location: HIGH COURT OF ORISSA