Orissa High Court
Asif Iqbal @ Iquibal Khan vs Hamida Begum .... Opposite Party on 16 September, 2025
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.85 of 2023
Asif Iqbal @ Iquibal Khan .... Petitioner
Mr. Sk. Zafarulla, Advocate
-Versus-
Hamida Begum .... Opposite Party
Mr. S.K. Panda, Advocate
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
16.09.2025
Order No.
10. 1. Heard Mr. Zafarulla, learned counsel for the petitioner
and Mr. Panda, learned counsel for the opposite party.
2. Instant revision is filed by the petitioner assailing the
impugned judgment at Annexure-3 on the grounds stated.
3. The opposite party initiated a proceeding under Section
12 of the Protection of Women from Domestic Violence Act,
2005 (hereinafter referred to as 'the DV Act') against the
petitioner and therein, an application under Section 23 of the
DV Act was moved seeking interim maintenance and
considering the same, the order dated 20th June, 2022 at
Annexure-2 was passed by learned J.M.F.C., Tigiria. Being
dissatisfied, the opposite party approached the learned court
below in Criminal Appeal No.09 of 2022 seeking enhancement
and it has resulted in passing of the impugned judgment i.e.
Annexure-3 with a direction for the petitioner to make a
payment of Rs.15,000/- to her.
4. Mr. Zafarulla, learned counsel for the petitioner submits
that the learned court below has not assigned any reason while
enhancing the interim maintenance, hence, therefore, the
impugned judgment dated 23rd December, 2022 at Annexure-3
is liable to be set aside. In response to the above, Mr. Panda,
learned counsel for the opposite party submits that the
petitioner is serving in Indian Army and has been receiving
monthly income of more than Rs.70,000/- and therefore, the
learned court below did not err or commit any illegality in
enhancing the interim maintenance as it was originally for a
sum of Rs.3,000/- only.
5. Recorded the submission of Mr. Panda, learned counsel
for the opposite party, who justifies the impugned judgment at
Annexure-3.
6. Gone through the application of the opposite party
under Section 12 of the DV Act as at Annexure-1. The opposite
party has claimed reliefs under the DV Act for maintenance,
compensation etc. While dealing with the application under
Section 23 of the DV Act, the Court of 1st instance allowed
interim maintenance for an amount of Rs.3,000/- in the whole
and it has been enhanced to Rs.15,000/- by the learned court
below. The Court finds that the parties are having a daughter
and she is school going child and student of Cambridge School,
Cuttack. From the interim order at Annexure-2, it is revealed
that the petitioner had a monthly income of Rs.44,899/- by then
in the year 2022. It is claimed that the monthly income of the
petitioner at present is around Rs.70,000/-. In any view of the
matter, as this Court has directed payment of 50% of the
interim maintenance vide Annexure-3 which stands at
Rs.7,500/- it would be best served if the same is enhanced to
Rs.10,000/- till such time, the final decision is rendered by the
learned J.M.F.C., Tigiria in the DV proceeding after
considering the submissions of learned counsel for the
respective parties and the fact that the opposite party having a
daughter to be looked after. The Court is also the view that a
direction is necessary for the court of 1st instance to ensure
disposal of the DV proceeding within stipulated period.
7. Accordingly, it is ordered.
8. In the result, the revision petition stands disposed of
with the direction as aforesaid. It is directed that the learned
J.M.F.C., Tigiria shall immediately take up hearing in DV Case
No.08 of 2019 and to ensure disposal of the same as soon as
possible preferably within a period of three months. It is further
directed that the petitioner shall continue making payment of
Rs.10,000/- to the opposite party as an interim measure. It is
made clear that the learned court below shall receive evidence
from both the sides and dispose of the DV proceeding on merits
without being influenced by any of the observations made
hereinabove especially with regard to the quantum of
maintenance payable by the petitioner.
9. Issue urgent certified copy of this order as per rules.
Signed by: THAKURDAS TUDU (R.K. Pattanaik)
Reason: Authentication Judge
Location: OHC,CTC
Date: 18-Sep-2025 10:54:58
TUDU
