Basanta Kumar Sahoo vs Mamata Sahoo ... Opposite
2025 Latest Caselaw 2785 Ori

Orissa High Court

Basanta Kumar Sahoo vs Mamata Sahoo ... Opposite on 20 January, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          RPFAM No.382 of 2024
     Basanta Kumar Sahoo                             ...    Petitioner
                                               Mrs. S. Jena, Advocate
                                 -versus-
     Mamata Sahoo                                    ...     Opposite
                                                              Party

                                 CORAM:
                          JUSTICE G. SATAPATHY
                             ORDER(ORAL)

20.01.2025 Order No. RPFAM No. 382 of 2024 & I.A. No. 570 of 2024

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 05.10.2024 passed in Criminal Proceeding No. 05 of 2016 by which the learned Judge, Family Court, Jagatsinghpur has ordered the present Petitioner to pay a sum of Rs. 4,000/- per month to the OP- wife for her maintenance w.e.f 22.03.2016 in an application U/S. 125 of the Cr.P.C.

3. In the course of hearing, Mrs. Sujata Jena, learned counsel for the Petitioner submits that although the present OP-cum-wife has voluntarily deserted the present Petitioner without any sufficient reason and started living with another person to whom she is found to have married for second time, but ignoring those facts, the learned trial Court directed the Petitioner-husband to pay the maintenance notwithstanding to the provision of Sec. 125(4) of Cr.P.C which provides for wife not being entitled to maintenance

under certain situation like living in adultery. Accordingly, Ms. Jena prays to issue notice to the OP.

4. After having considered the submission of the learned counsel for the Petitioner and the grounds of challenge as taken by the Petitioner in the revision petition, this Court does not wish to pass any order without seeking response of the OP-wife. Issue notice on admission in RPFAM as well as I.A. 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. Accept one set of process fee.

5. List this matter on 24.02.2025.

(G. Satapathy) Judge Priyajit

Location: HIGH COURT OF ORISSA