Manas K.M. Agrawal vs Sunayana Agarwal ... Opposite Party
2025 Latest Caselaw 851 Ori

Orissa High Court

Manas K.M. Agrawal vs Sunayana Agarwal ... Opposite Party on 3 July, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          RPFAM No.159 of 2025

        Manas K.M. Agrawal                       ...             Petitioner
                                              Mr. B. Mansing, Advocate
                                 -versus-
        Sunayana Agarwal                         ...       Opposite Party
                                               Mr. P.S. Palai, Advocate


                                CORAM:
                         JUSTICE G. SATAPATHY

                                 ORDER(ORAL)

03.07.2025 Order No.

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

2. In pursuance to the order passed by this Court yesterday i.e. on 02.07.2025, Mr. Bidyadhar Mansing, learned counsel for the petitioner by producing the filing slip indicating therein deposit of Demand Draft of Rs.50,000/- in the name of the OP- wife towards cost for condonation of delay in preferring the revision petition prays to condone the delay. Accordingly, the delay of 866 days in preferring the revision stands condoned. I.A. No. 245 of 2025 and RPFAM No. 159 of

3. The petitioner by way of this RPFAM seeks to challenge the impugned judgment dated 22.10.2022

passed by the learned Judge, Family Court, Cuttack in Criminal Proceeding No. 147 of 2020 granting maintenance to the OP-wife, but it is claimed by Mr. Bidyadhar Mansing, learned counsel for the petitioner that the said impugned judgment is an ex-parte one and the same has been passed without noticing the petitioner and thereby, the impugned judgment is liable to be set aside.

3.1. On the other hand, Mr. Priyadarshi Swagat Palai, learned counsel for the OP-wife submits that there is in fact no procedural irregularity committed in this case and when the petitioner did not appear in the Court despite notice being served, the learned trial Court passed the ex-parte judgment granting maintenance to OP-wife, which is perfectly valid in the eye of law. At the same time, Mr. Mansing by highlighting the issue submits that NBWA has already been issued against the petitioner on 06.03.2025 for execution of the award pursuant to the impugned judgment and therefore, unless the NBWA is stayed, the petitioner would suffer irreparable loss, however, the matter can be heard on merit on a subsequent date.

4. In view of the aforesaid facts and after having considered the rival submissions and on going through the materials placed on record and looking at the prayer as advanced, since the matter can be

heard subsequently, as an interim measure, no coercive action shall be taken against the petitioner until further orders, subject to condition the petitioner going on paying Rs.10,000/- per month, litigation expenses of Rs.10,000/- and 50% of the arrears in five bi-monthly installments with first commencing from 1st August, 2025.

5. List this matter on 4th August, 2025.

(G. Satapathy) Judge

S.Sasmal

Location: High Court of Orissa Date: 04-Jul-2025 18:05:45