Israil Khan vs Sayeda Bibi .... Opposite Party(S)
2026 Latest Caselaw 3339 Ori

Orissa High Court

Israil Khan vs Sayeda Bibi .... Opposite Party(S) on 9 April, 2026

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                  CRLMC No.1047 of 2026
                                  Israil Khan               ....                 Petitioner(s)
                                                                      Mr. Sk. Zafarulla, Adv.
                                                          -versus-
                                  Sayeda Bibi               ....          Opposite Party(s)
                                                                 Mr. Debashish Nayak, AGA


                                        CORAM:
                                        HON'BLE DR.JUSTICE SANJEEB K PANIGRAHI
             Order No.                                   ORDER
                02.                                     09.04.2026
                                  1.

This matter is taken up through hybrid arrangement.

2. In filing the present CRLMC, the Petitioner being the

husband of the Opposite Party, has prayed for quashing

the impugned order of NBW dated 17.06.2019 issued by

the learned Judge, Family Court, Jajpur in Criminal

Proceeding (Exe.) No.82 of 2018 arising out of Criminal

Proceeding No.232 of 2011, against him due to

nonpayment of arrear monthly maintenance.

3. Heard.

4. Learned counsel for the Petitioner submits that the

Petitioner was regularly paying the monthly

maintenance to the Opposite Party. However, due to

some financial exigencies he could not pay the interim

maintenance in total a sum of Rs.21,000/- to the

Opposite Party in time. Hence, as per the condition

Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 09-Apr-2026 19:14:38

imposed in the impugned order dated 17.06.2019 the

Petitioner has been issued with the order of N.B.W. He,

on instruction, further contends that the Petitioner is

now ready and willing to pay the arrear monthly

maintenance.

5. In view of such facts and submissions made by the

learned counsel for the Petitioner, this Court is inclined

to allow the present CRLMC. Accordingly, this Court

directs the Petitioner to pay a sum of Rs.10,000/-

(Rupees ten thousand only) out of the total amount of

Rs.21,000/- (Rupees Twenty-one thousand only) to the

Opposite Party towards arrear monthly maintenance

within fifteen working days hence and the rest of the

amount shall be paid in two equal monthly

installments. This Court, in the process, directs the

Petitioner to surrender before the learned court in seisin

over the matter in the aforesaid case along with an

undertaking indicating therein that he will make the

payment of arrear monthly maintenance as per the

above direction and move for bail within a period of

fifteen working days hence. In such event, the said

court shall release him on bail with some stringent

conditions.

Designation: Personal Assistant

Location: High Court of Orissa Date: 09-Apr-2026 19:14:38

6. Accordingly, this CRLMC is disposed of.

(Dr. Sanjeeb K Panigrahi) Judge Ayaskanta

Designation: Personal Assistant

Location: High Court of Orissa Date: 09-Apr-2026 19:14:38