Subas Chandra Sahoo vs Sarojini Malla .... Opposite Party
2025 Latest Caselaw 8548 Ori

Orissa High Court

Subas Chandra Sahoo vs Sarojini Malla .... Opposite Party on 20 September, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CRLREV No.521 of 2024
            Subas Chandra Sahoo                   ....           Petitioner
                                               Mr. D.P. Dash on behalf of
                                               Mr. B.K. Mishra,, Advocate
                                       -Versus-
            Sarojini Malla                         ....       Opposite Party
                                                  Mr. G.N. Rout, Advocate
                     CORAM:
                     MR. JUSTICE R.K. PATTANAIK
                                      ORDER

20.09.2025 Order No.

06. 1. Heard Mr. Dash, learned counsel for the petitioner and Mr. Rout, learned counsel for the opposite party.

2. Instant revision is filed by the petitioner assailing the impugned judgment in Criminal Appeal No.7 of 2024 as at Annexure-4 confirming the decision of learned J.M.F.C., Nimapara in Criminal Misc. Case No.123 of 2016 dated 20 th April, 2024 i.e. Annexure-3 on the grounds stated.

3. In course of hearing, Mr. Dash, learned counsel for the petitioner submits that the decision of the Apex Court in Rajnesh Vrs. Neha and another AIR 2021 SC 569 has not been taken judicial notice of by the learned Court below, hence, therefore, the appeal is required to be remanded for a fresh decision in terms thereof. The submission is that the parties are to file asset and liability affidavits and the same having not been directed by the learned Court below, any such decision in

the appeal shall have to be set aside. Referring to the directions issued by the Apex Court in Rajnesh (supra), it is submitted that the learned Court below was to consider the affidavits received from both the sides, hence, the impugned judgment i.e. Annexure-4 is to be set at naught followed by consequential directions issued.

4. Mr. Rout, learned counsel for the opposite party fairly admits that the learned Court below did not consider the Apex Court's decision in Rajnesh (supra) inviting affidavits from the parties.

5. As per the decision of the Apex Court in Rajnesh (supra), it has been directed that the affidavits of disclosure on asset and liability shall be filed by both the parties in all the maintenance proceedings including such proceedings which are pending before the Family Court and other Courts. In view of the directions therein, the Court is of the view that the parties ought to have been informed to file the asset and liability affidavits but it was not resorted to by the learned Court below, therefore, it would be proper, if the impugned judgment at Annexure-4 is set aside with a direction in that regard and for a fresh disposal of the appeal in accordance with law.

6. Hence, it is ordered.

7. In the result, the revision petition stands disposed of with the direction to the parties to file the disclosure affidavits in terms of the decision of the Apex Court in Rajnesh (supra) and upon receiving the same, the learned Court below to

consider and dispose of Criminal Appeal No.7 of 2024, which is restored to file, as per and in accordance with law at the earliest preferably within six weeks from the date of receipt of a copy of this order. As a necessary corollary, the impugned judgment at Annexure-4 is hereby set aside.

8. Issue urgent certified copy as per rules.

(R.K. Pattanaik) Judge Alok