S. Babula Dora vs Sunita Dora .... Opposite Party
2025 Latest Caselaw 9980 Ori

Orissa High Court

S. Babula Dora vs Sunita Dora .... Opposite Party on 13 November, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLREV No.70 of 2024

            S. Babula Dora                        ....            Petitioner
                                         Ms. Deepali Mahapatra, Advocate


                                        -Versus-

            Sunita Dora                           ....     Opposite Party
                                      Mr. Lalatendu Samantaray, Advocate
                     CORAM:
                     MR. JUSTICE R.K. PATTANAIK
                                   ORDER

Order No.                         13.11.2025
  10.       1.     Heard Ms. Mahapatra, learned counsel for the petitioner

and Mr. Samantaray, learned counsel for the opposite party.

2. Instant revision is filed by the petitioner challenging the impugned order dated 6th January, 2024 passed in connection with Criminal Appeal No.12/23 of 2023 by the learned 1st Additional Sessions Judge, Puri confirming the maintenance order dated 26th September, 2025 of the learned S.D.J.M., Puri in 1CC No.300 of 2018 on the grounds stated.

3. In course of hearing, Ms. Mahapatra, learned counsel for the petitioner submits that the opposite party is not the wife of the petitioner in view of the decree in CS No.629 of 2022. It is further submitted that since there is no marital relationship

between the parties, the execution proceeding cannot be sustained in law.

4. In reply to the above, Mr. Samantaray, learned counsel for the opposite party submits that CMA No.12 of 2025 is filed by the opposite party to set aside the ex-parte decree in the suit and the same is pending orders. It is fairly submitted by Ms. Mahapatra, learned counsel for the petitioner that there is no any bar in proceeding with the execution even beyond one year. It is also submitted that there has been no proper calculation with regard to arrear of the interim maintenance allowed and confirmed in appeal. In view of the submissions as above, the Court without interferring with the impugned judgment in Criminal Appeal No.12/23 of 2023 is of the view that the petitioner should approach the court of 1st instance for any such order under the PWDV Act resting on the basis of the decree in CS No.629 of 2022 and the same time to make payment of 25% of the outstanding dues payable as on the date of such decree before further proceeding is commenced.

5. Accordingly, it is ordered.

6. In the result, the revision petition stands disposed of with the direction as aforesaid. It is further directed that till such an application is filed (unless any such request is already pending consideration) in the above terms, the same shall be considered by the court of learned S.D.J.M., Puri in 1CC Case No.300 of 2018 followed by an order as soon as possible

preferably within a period of three weeks from the date of receipt of a copy of this order and till such time, the DW issued therein shall remain suspended. It is made clear that the above order suspending execution of DW shall be subject to payment of 25% of the outstanding dues as has been ordered.

7. Issue urgent certified copy of this order as per rules.

(R.K. Pattanaik) Judge

TUDU