Citation : 2026 Latest Caselaw 1291 Ori
Judgement Date : 11 February, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
RPFAM No. 399 of 2025
Sumati Barik and another .... Petitioners
Ms. T. Sinha, Advocate
-versus-
Manas Ranjan Barik .... Opp. Party
CORAM:
JUSTICE MRUGANKA SEKHAR SAHOO
ORDER
11.02.2026 (Hybrid Mode) Order No. I.A. No. 598 of 2025 and RPFAM No. 399 of 2025
01. 1. Petitioner-wife in the marriage is before this Court challenging the judgment dated 2.9.2025 passed by the learned Judge, Family Court, Jajpur in Criminal Proceeding No. 109 of 2024.
2. By the said judgment, the learned Judge, Family Court has partly allowed the petition in favour of the minor daughter born from the wedlock. Learned Judge, Family Court has rejected the prayer for grant of monthly maintenance to the petitioner no.1-wife. However, granting ₹5,000/- per month for minor daughter-petitioner no.2.
2. Heard learned counsel for the petitioner.
3. It is submitted that the learned Judge, Family Court has been swayed away with the statement of the
opposite party-husband that the petitioner is earning ₹5,000/- by working in Beauty Parlour. It is submitted that even if the petitioner is earning certain amount, that cannot be the sole factor for determining the amount of maintenance to be paid.
Petition has been filed after a reported delay of 97 days.
4. Issue notice in the I.A. as well as the petition along with this order.
Requisites for issuance of notice by speed post with registration and proof of delivery shall be filed within five working days.
5. List after S.R. Liberty to mention.
6. The minor daughter represented through her mother shall continue to receive the maintenance amount as directed by the learned Judge, Family Court, Jajpur without prejudice to her rights and contentions in the present application.
(Mruganka Sekhar Sahoo) Judge dutta
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