Orissa High Court
Deepika Ghritlaher vs Surendra Kumar Ghritlahre ...... Opp. ... on 30 May, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No. 427 of 2020
An application under Section 401 of the Code of Criminal Procedure
challenging the judgment and order dated 25.02.2020 of learned Sessions
Judge, Cuttack in Criminal Appeal No.131 of 2019 confirming an order
dated 20.09.2019 passed by the learned S.D.J.M.(S), Cuttack in D.V. Crl.
Misc Case No. 163 of 2017.
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1. Deepika Ghritlaher
2. Lavni Ghritlahre ...... Petitioners
-versus-
Surendra Kumar Ghritlahre ...... Opp. Party
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For Petitioners : Mr. G.N. Mishra, Adv.
For Opp. Party : Mr. A.K. Nayak, Adv.
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CORAM:
HONOURABLE MISS JUSTICE SAVITRI RATHO
JUDGMENT
30.05.2025
Savitri Ratho, J This application under Section 401 of the Code of
Criminal Procedure has been filed challenging the judgment dated
25.02.2020 of learned Sessions Judge, Cuttack in Criminal Appeal
No.131 of 2019 confirming an order dated 20.09.2019 passed by
the learned S.D.J.M.(S), Cuttack in D.V. Crl. Misc Case No. 163 of
2017 for commission of offences under Section 12 of the
Protection of Women from Domestic Violence Act, 2005
(hereinafter referred to as the 'PWDV Act') seeking reliefs under
Sections 18, 19, 20, 22 of the P.W.D.V. Act, 2005.
BACKGROUND
2. The petitioner no.1 Deepika Ghritlaher had filed under
Section 12 of the PWDV Act for reliefs under Sections 18, 19, 20
and 22 of the PWDV Act before the Court of the learned J.M.F.C.,
Cuttack in Crl. M.C. No. 163 of 2017 (T.R. No.1218 of 2017). She
stated that she is the legally married wife of opposite party-
Surendra Grithlahre and the marriage has been solemnized on
18.05.2013 at the residence of the petitioner at Kera, Dist-Jhangir
Champa of State Chhatisgarh as a "danda bibhaghara". At the time
of marriage a cash of Rs.3,00,000/-, 500 gm., Gold 900 gm. Silver
and other household articles had been given as gifts to the opposite
party. After the marriage they lived happily for some days at the
residence of the opposite party at Kharwat Khurd, Dist- Mungeli,
State-Chhatisgarh, but after one year the opposite party got
transferred to Cuttack and joined as scientist at CRRI,
Bidyadharpur, Cuttack and got quarter bearing no.14 in Scientist
Home. On 22.06.2014, the petitioner delivered a female child at
Popular Nursing Home, Cuttack but when the opposite party came
to learn about the birth, he accused the petitioner that she is a
characterless lady and also attempted to kill the new born baby.
The dispute continued till 11.01.2017, when the opposite party left
the quarter along with the child and took away all the gold
ornaments with him for which a case was registered before Mahila
Police Station, Cuttack vide P.S. Case No. 44 of 2017 dated
23.04.2017. The petitioner no.1 was tortured mentally, physically,
sexually and financially by the opposite party. Now she is residing
in quarter No. 14 which was allotted to the opposite party in a
distressed condition and the opposite party is threatening to kill
her.
Notice was issued in the case to the opposite party for his
appearance and to file show cause, but in spite of being given
sufficient time, he neither filed any show cause nor appeared
before the Court. So on 06.07.2017 due to his absence, he was set
exparte and exparte hearing was taken up. During hearing the
petitioner was examined as P.W.1.
The learned J.M.F.C, Cuttack vide judgment dated
20.09.2017 directed the opposite party to pay a sum of Rs.15000/-
per month towards maintenance and a sum of Rs, 1,00,000/-
towards compensation.
3. The opposite party-husband challenged the exparte order
of the learned J.M.F.C., Cuttack before the learned Sessions Judge,
Cuttack in Criminal Appeal No. 134 of 2017 and the said order was
partly allowed vide judgment dated 04.04.2018. Learned Sessions
Judge while setting aside the exparte order gave him opportunity to
file show cause on payment of Rs.50,000/- by 16.04.2018 and
further the learned Sessions Judge remanded the matter for trial
afresh and directed to pay a sum of Rs.10000/- per month till
disposal of the D.V. Criminal Misc. Case.
4. Criminal Revision No. 381 of 2018 filed by the opposite
party before this Court against the order dated 20.09.2017 passed
in Criminal Appeal No. 134 of 2018 was disposed of on
09.03.2019 granting the opposite party No.1 - husband, three
weeks time to file show cause as it was submitted on behalf of the
opposite party (petitioner in the Criminal Revision) that Rs.
50,000/- had already been deposited by him in the Court and this
had been paid to the petitioner- wife.
5. The petitioners filed an application in the D.V. Misc Case
stating that as the opp. party husband had not paid Rs 50,000/- as
directed by the learned Sessions Judge but had paid the amount
towards arrear maintenance, he should not be allowed to file his
show cause. This has been rejected on 20.09.2019 passed by the
learned S.D.J.M.(S), Cuttack. Criminal Appeal No.131 of 2019
filed challenging this order, has been dismissed on 25.02.2020 by
the learned Sessions Judge, Cuttack.
SUBMISSIONS
6. Mr. G.N. Mishra, learned counsel for the petitioners
submitted that as the opposite party did not pay any maintenance,
the petitioners filed Execution Misc. No. 304 of 2017 before the
Magistrate in which conditional NBW was issued and the opposite
party was arrested and produced before the learned Court below on
04.05.2018. To wriggle out of the detention, he submitted a draft of
Rs.50,000/- towards arrear maintenance and got released on bail.
But he did not comply with the conditional order of the Sessions
Judge in Criminal Appeal No. 134 of 2017, but participated in the
proceeding to which the petitioners objected and filed an
application to ignore his appearance in the case which has been
rejected by the Magistrate on 20.09.2019 with a finding that the
deposit of Rs.50,000/- in execution case is in fact in compliance of
Sessions Judge order and no further deposit is necessary. The
petitioners filed Criminal Appeal No. 131 of 2019 before the
learned Sessions Judge against the said order, but the same has
been dismissed on 25.02.2020 which is under challenge in this
revision.
7. Mr. A.K. Nayak, learned counsel for the opposite party-
husband submitted that the learned J.M.F.C., Cuttack allowed D.V.
Crl. Misc. Case No. 163 of 2017 exparte vide judgment dated
20.09.2017. In the said judgment it was directed to pay a sum of
Rs.15000/- per month towards maintenance and a sum of
Rs.1,00,000/- towards compensation. The opposite party
challenged the exparte order of the learned J.M.F.C., Cuttack
before the learned Sessions Judge, Cuttack in Criminal Appeal No.
134 of 2017. The said order was partly set aside vide judgment
dated 04.04.2018. The learned Sessions Judge while setting aside
the exparte order, gave opportunity to the opposite party to file
show cause on payment of Rs. 50,000/-by 16.04.2018. The learned
Sessions Judge has been pleased to remand the matter for afresh
trial and directed the opposite party to pay a sum of Rs.10000/- per
month till disposal of the D.V. Crl. Misc. Case. The opposite party
applied the certified copy of the judgment dated 04.04.2018 passed
by the learned Sessions Judge which was granted on 17.04.2018
for which he had filed Criminal Revision before this Court for
extension of time and other relief. The Chauliaganja police arrested
the opposite party on strength of the NBW and produced him on
04.05.2018 before the learned J.M.F.C, Cuttack. The opposite party
was released on bail and deposited a sum of Rs.50000/- in
compliance of the order of the learned Sessions Judge., The
amount was paid to the petitioner-wife in Court. He further
submitted that when the CRLREV No. 381 of 2018 was taken up
on 10.05.2018, this Court stayed the further proceeding in Crl.
Misc. Case No. 163 of 2017 pending in the file of the learned
J.M.F.C, Cuttack and it was further directed that the opposite party
shall continue to pay the monthly maintenance of Rs.10000/- as has
been directed by the learned Sessions Judge and payment of
Rs.50000/- shall abide by the final decision in the proceeding. He
further submitted that CRLREV No. 381 of 2018 was disposed of
vide order dated 07.03.2019 and while disposing the revision has
been pleased to allow three weeks for filing this show cause and
rest part of the order has been kept intact.
ANALYSIS
8. In view of the submission of the learned counsel, the
Court has now to decide whether the payment of Rs 50,000/-
deposited by the opp. party- husband was in compliance of the
order of the learned Sessions Judge for participating in the
proceedings or towards outstanding arrears of maintenance. And if
his show cause should be accepted as he has not complied with the
order of the learned Sessions Judge, Cuttack to pay Rs.50,000/-.
9. The learned JMFC by order dated 20.09.2017 passed in
20.09.2017 had directed the opposite party to pay Rs.1,00,000/-
(Rs One lakh) towards compensation and Rs.15,000/- towards per
month towards her maintenance under Section 20 of the Act.
10. The learned Sessions Judge by order dated 04.04.2018
allowed Criminal Appeal No. 134 of 2017 had set aside the order
dated 20.09.2017 of the learned J.M.F.C., Cuttack and granted
opportunity to the opposite party to file show cause and adduce
evidence, by paying Rs.50,000/- to the wife by 16.04.2018 and
directed him to appear in person or through his counsel before the
lower Court. It was further directed that if the appellants fails to
abide by the above direction, the lower court shall proceed with the
case and if "the appellants pays Rs.50,000/- and files his show
cause within time stipulated as directed in this order the lower
Court shall give opportunity to the appellant i.e. to cross examine
the respondent - aggrieved person or any witness tendered by her
and to adduce evidence on his own"
11. It had also been directed in the order that that the
appellant therein shall pay Rs 10,000/- per month till disposal of
the DVC.
12. On the submission that the sum of Rs 50,000/- had
already been deposited before the trial court which had been paid
to the paid to her, Criminal Revision No. 381 of 2018 filed by the
opposite party before this Court against the order dated 20.09.2017
passed in Criminal Appeal No. 134 of 2018 was disposed of on
09.03.2019 granting the opposite party No.1 three weeks time to
file show cause. The relevant portions of the order are extracted
below ;-
"In view of the fact that the payment of Rs 50,000/- has
been made and as per the order passed by this Court on
10.05.108, the said payment would abide by the final
decision in the proceeding, he now confines the prayer to
set aside the order of payment of monthly maintenance
till disposal of the proceeding."
"In view of the aforesaid, I am not inclined to entertain
this revision and the same is accordingly dismissed.
While parting, it is however observed that in the event,
the petitioner has not yet filed his show cause, within the
time as fixed under the impugned order, he be permitted
to do so within a period of three weeks hence, and the
rest part of the impugned order be accordingly given
effect to".
13. So the petitioner filed an application before the learned
J.M.F.C., objecting to his filing of show cause as he had not
deposited Rs.50,000/- in compliance of the earlier order of the
learned Magistrate. But the learned J.M.F.C. held that as the
opposite party has paid Rs.50,000/- in Ex. D.V. No. 304 of 2017,
that was compliance of the order of the learned Sessions Judge to
pay Rs.50,000/-. This order was confirmed by order dated
25.02.2020 passed in Criminal Appeal No. 131 of 2019.
14. So if it is accepted that the deposit of Rs 50,000/- was in
compliance of the order of the learned Sessions Judge, then this
amount cannot be adjusted towards arrear maintenance. As
observed by this Court in Criminal Revision No. 381 of 2018 -
"the said payment would abide by the final decision in the
proceeding". Rs One lakh had been initially awarded towards
compensation by the learned JMFC which had been set aside by
the learned Sessions Judge and he had been directed to deposit
Rs.50,000/-.
15. Hence this I am not inclined to interfere with the
impugned orders holding that the opp. Party can file his show
cause and participate in the proceedings as he had deposited
Rs.50,000/- in compliance of the order of the learned Sessions
Judge in Criminal Appeal 134 of 2017.
16. As this amount of Rs.50,000/- cannot be utilized both
towards payment of arrear maintenance as well as the amount fixed
for setting aside the exparte order and to file show cause, it is
clarified that this amount of Rs.50,000/- cannot be held to be
payment towards arrear maintenance and it would be open to the
petitioners to proceed for realization of arrears of maintenance if
any, in accordance with law.
17. The Criminal Revision is disposed of with the aforesaid
observation.
...........................
(Savitri Ratho)
Judge
Orissa High Court, Cuttack.
Dated, the 30th May, 2025.
S.K. Behera, Senior Stenographer.
Signed by: SUKANTA KUMAR BEHERA
Designation: Senior Stenographer
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 12-Jun-2025 19:34:59
