Orissa High Court
Khirod Lenka vs Kabita Lenka And Another .... Opposite ... on 19 June, 2025
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.243 of 2025
Khirod Lenka .... Petitioner
Mr. S.K. Patnaik, Advocate
-Versus-
Kabita Lenka and another .... Opposite Parties
None
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
Order 19.06.2025
No.
01. 1. Heard Mr. Patnaik, learned counsel for the petitioner.
2. No notices are issued to the opposite parties as the
matter is disposed of at the stage of admission.
3. Instant revision is filed by the petitioner challenging the
impugned ex-parte order i.e. Annexure-2 and judgment in
Criminal Appeal No.20 of 2023 at Annexure-1 on the grounds
stated.
4. Mr. Patnaik, learned counsel for the petitioner submits
that the petitioner is husband of opposite party No.1 and was
set ex-parte in Criminal DV Misc. Case No.52 of 2021,
whereby, he has been directed to pay maintenance of Rs.3000/-
to petitioner No.1 and Rs.2000/- to petitioner No.2, in total, an
amount of Rs.5000/- every month with such other direction
issued therein, against which, Criminal Appeal No.20 of 2023
was filed and disposed of confirming the monetary relief,
however, setting aside the direction to return the 'Streedhan'
property to opposite party No.1. The submission is that the
proceeding in DV Misc. Case No.52 of 2021 is needed to be
disposed of with the participation of the petitioner. The further
submission is that there was no any occasion for the petitioner
to file and furnish affidavit of disclosure of assets and liabilities
before the court of 1st instance in accordance with the decision
of the Apex Court in Rajnesh Vrs. Neha (2020) 80 OCR SC
891 and therefore, an opportunity should be provided to him
before any such monetary relief is allowed in favour of the
opposite parties.
5. As it appears, the petitioner was set ex-parte by the
learned J.M.F.C., Salipur and the DV proceeding was
accordingly disposed of vide Annexure-2 and though, it was
challenged in Criminal Appeal No.20 of 2023, the monetary
relief was upheld. Since the petitioner defaulted in appearance,
as such, he could not have any occasion to file any such
affidavit in the light of the decision in Rajnesh (supra). It is
claimed by Mr. Patnaik, learned counsel for the petitioner that
no such affidavit was received from opposite party No.1 either
by learned J.M.F.C., Salipur, while allowing the monetary
relief of Rs.5000/- a month payable by the petitioner.
According to the Court, the matter needs determination on
merit with the participation of the petitioner, who happens to be
the husband of opposite party No.1 but statutorily obliged to
maintain the latter and also opposite party No.2. The Court is
therefore inclined to restore the proceeding for a fresh decision
and disposal in connection with Criminal DV Misc. Case No.52
of 2021 providing an opportunity of hearing to the petitioner to
file the affidavit as required under law for a decision by learned
J.M.F.C., Salipur in the immediate presence of the opposite
parties. But, at the same time, the Court is of the view that the
petitioner should be directed to pay a lump sum amount of
Rs.40,000/- to be received by opposite party No.1 and also to
ensure payment of monthly maintenance of Rs.3000/- to her as
has been directed by the leaned courts below which would
rather serve the purpose and meet the ends of justice.
6. Accordingly, it is ordered.
7. In the result, the revision stands disposed of with a
direction to learned J.M.F.C, Salipur to consider disposal of
Criminal DV Misc. Case No.52 of 2021 on merit upon
receiving the affidavits from the parties in terms of decision of
the Apex Court in Rajnesh (supra) and thereafter, to proceed
to dispose it of according to law. As a necessary corollary, the
impugned judgment in Criminal Appeal No.20 of 2023 is set
aside to the extent as aforesaid with a direction for the
petitioner to comply payment of monthly maintenance of
Rs.3000/- to opposite party No.1 along with an amount of
Rs.40,000/- adjustable towards the outstanding dues. It is
further directed that the learned J.M.F.C., Salipur shall do well
to expedite the hearing on the proceeding and dispose it of at
the earliest preferably within a period of two months from the
date of receipt of a copy of this order considering the plea and
defence of the respective parties.
8. Issue urgent certified copy of this order as per rules.
(R.K. Pattanaik)
Judge
TUDU
