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Orissa High Court
Prabir Parida vs Ratnadipa Parida @ .... Opposite Party on 10 April, 2026
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.156 of 2022
1. Prabir Parida ... Petitioners
2. Bichitra Nanda
Parida
3. Pramila Parida
Mr. J. Katikia, Advocate
-versus-
Ratnadipa Parida @ .... Opposite Party
Jethy
Mr. B. Baug, Sr. Advocate
CORAM: JUSTICE V. NARASINGH
ORDER
10.04.2026
Order No.
12. 1. Heard learned counsel for the Petitioners and
learned counsel for the Opposite Party.
2. Assailing the order dated 28.03.2022 by which
learned 3rd Additional Sessions Judge, Cuttack affirmed
the order dated 24.09.2019 passed by the learned SDJM,
Sadar, Cuttack in D.V. Crl. Misc. Case No.90 of 2019,
directing the Petitioners to pay a sum of Rs.13,000/-,
(Rs.7,000/- for the wife, Rs.3,000/- for the male child,
who is studying in Std-V and Rs.3,000/- for separate
accommodation), the present revision has been preferred.
3. It is apt to note here that, assailing the order
passed by the Court of first instance, two appeals were
preferred, i.e. Criminal Appeal No114 of 2019 by the
Petitioner-husband and Criminal Appeal No.128 of 2019
by the Opposite Party-wife seeking enhancement.
Since both the appeals relate to the selfsame
impugned order, they were taken up together for
consideration and disposed of by a common order.
4. It may not be out of place to note here that for
reasons best known the Petitioner-husband did not
appear and argue his appeal.
5. It is the submission of the learned counsel for the
Petitioners that basing on the materials on record, the
direction to pay a sum of Rs.13,000/- on the heads as
above, is ex facie arbitrary. Hence, the same merits
interference by this Court in the present revision.
6. Learned counsel for the Opposite Party submits
that considering the status of the Opposite Party-wife and
the present-day inflationary trend and that the Petitioner
has a child to support, who is studying in Std-V, there is
no infirmity in the order directing for payment of
Rs.13,000/-.
Per contra it is submitted by the learned counsel
for the Petitioners that the husband is paying for the
education of their son.
7. It is trite that, so far as quantification of
compensation is concerned, there cannot be any absolute
rule as there is inherent subjectivity in fixing the same
and this has also been noted by the Apex Court in the
case of Rajnesh vrs. Neha and anr: (2021) 2 SCC 32.
8. On consideration of the materials on record and
taking into account the rival submissions, this Court is of
the considered view that directing the Petitioner-husband
to pay a sum of Rs.10,000/- per month would sub serve
the ends of justice.
9. At this stage, a calculation sheet is placed for the
consideration of this Court.
On perusal of the same, it is seen that there are
arrears of 85 months till the end of March, 2026 and
calculated at Rs.10,000/-, the same comes to
Rs.8,50,000/-. Admittedly, during the pendency of the
case, an amount of Rs.4,51,000/- has been paid and the
balance comes to Rs.3,99,000/-.
10. It is submitted by the learned counsel for the
Petitioners that it would cause immense hardship to the
Petitioner-husband, if he is directed to pay the amount in
a lump sum, hence, the same may be divided into
suitable installments.
Such submission is opposed by the learned
counsel for the Opposite Party, inter alia, on the ground
that because of non-payment of arrears, the Opposite
Party is finding it difficult to lead a dignified life.
11. On considering the rival submissions, it is directed
that the Petitioner shall pay an amount on arrears of
Rs.10,000/- per month as modified. The current arrears
of Rs.10,000/- of April, 2026 shall be paid on or before
05.05.2026 and the Petitioner shall continue to pay such
amount of Rs.10,000/- by 5th of the succeeding month.
11A. So far as the arrears of Rs.3,99,000/- are
concerned, out of same Rs.9,000/- shall be paid by
05.05.2026 and the balance Rs.3,90,000/- shall be paid
in 10 equal monthly installments. The first of such
installment shall fall due on 20.06.2026. The learned Trial
Court is requested to fix date of payment of monthly
installments, an account of arrears along with
Rs.10,000/- as directed above. The same shall be on 20th
of each succeeding month for the next ten months
starting from 20.06.2026.
The grievance is made by the learned counsel for
the Petitioner-husband that the proceeding is dragging for
the last seven years because of non-cooperation of the
wife-Opposite Party and he is being saddled with payment
of interim compensation notwithstanding that he has
strong prima facie case.
12. Taking note of the same, since it is stated at the
Bar that the matter is posted for hearing before the
learned Trial Court on 07.05.2026, the Opposite Party
shall appear on the said date, as undertaken.
In the event, the Opposite Party does not appear
on the date as fixed, it shall be open for the learned Court
in seisin to proceed in accordance with law.
13. Accordingly, the criminal revision stands disposed
of.
14. The question of maintainability as raised, is kept
open.
(V. NARASINGH)
Judge
Jina
Location: High Court of Orissa
Date: 11-Apr-2026 14:12:16
