[Cites 0, Cited by 0]
Orissa High Court
Sidhanta Kumar Sahu vs Prabhati Pradhan @ Sahu ..... Opposite ... on 15 January, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 1714 of 2025
Sidhanta Kumar Sahu ..... Petitioner
Mr. A.K. Behera, Advocate
-versus-
Prabhati Pradhan @ Sahu ..... Opposite Party
Mr. Saroj Kumar Rout, ASC
CORAM:
HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
15.01.2026
Order No. (Through hybrid mode)
01.
1. This CRLMP has been filed challenging the order dated
09.05.2025 passed in a petition under Section 144 (3) of the B.N.S.S.
filed in Cr.P No. 45 of 2025 by the Opposite Party for payment of
arrear maintenance.
2. Perusal of the Annexure-1 which contains the order dated
24.03.2025, 26.03.2025, 02.04.2025, 01.05.2025, 08.05.2025,
09.05.2025, 03.06.2025, 09.07.2025 and 05.08.2025 reveals that the
notice had been issued to the Petitioner and after delivery of the
notice on 07.04.2025, no steps were taken by the Petitioner in the
case for which the learned court below observed "Hence, it reveals
that despite of sufficient service, the O.P. neither appeared nor taken
any steps. Hence, it seems that the O.P. is will fully avoiding service
and to attend the court. Hence, issue D.W. along with conditional
NBW against the O.P. to the concerned P.S. for realization of arrear
maintenance amount sum of Rs.48,000/-."
3. Mr. A.K. Behera, learned counsel for the Petitioner submits
that final order in Cr.P. No. 21 of 2024 has been passed 13.12.2024
awarding Rs.4,000/- towards monthly maintenance to the Opposite
Party from the date of filing of the application i.e. 19.03.2024 and
directing the Opposite Party to pay the regular monthly maintenance
during the first week of every successive month without fail and the
arrear maintenance amount in three equal installment within three
months of the order, failing which the Petitioner would be at liberty
to realize the same through the process of law. He submits that the
Petitioner has not challenged the order dated 13.12.2024 passed in
G.P. No. 21 of 2024.
4. It is apparent that since the Petitioner did not comply with the
order dated 13.12.2024, for which the Opposite Party has proceeded
against him for realization of the arrear maintenance amount.
5. Mr. Behera, learned counsel for the Petitioner submits that he
does not possess a copy of the judgment dated 13.12.2024, but
further submits that the Petitioner is working as a Private Tutor and
earns about Rs.18,000/- per month. He is paying the current
maintenance amount of Rs.4,000/- regularly but has not been able to
pay the arrear maintenance of Rs.48,000/- as per the order dated
13.12.2024 due to financial difficulty. He submits that the Petitioner
shall clear the arrear maintenance amount of Rs.48,000/- in six equal
monthly instalments.
6. In view of the fact that the Opposite Party-wife will incur
expenses, if notice is issued to her in this application, I propose to
dispose of this application without issuing notice to her, but ensuring
that the arrear maintenance amount is paid to her.
7. The CRLMP is disposed of directing the Petitioner to clear the
arrear maintenance amount of Rs.48,000/- in the following manner:-
(i) The Petitioner shall deposit an amount of Rs.10,000/-
within a period of three weeks from today in the learned court
below. This amount will include, instalment of Rs.8,000/-
towards arrear maintenance and Rs.2,000/- towards cost for
delay in paying of arrear maintenance.
(ii) On deposit of this amount and submission of
undertaking by the Petitioner that he shall pay the balance
amount of Rs.40,000/- in five equal instalments of Rs.8,000/-
in each successive month along with the current maintenance
amount of Rs.4,000/- the NBW issued against him shall be
recalled.
(iii) Thereafter he shall deposit the 2nd instalment of
Rs.8,000/- towards arrear maintenance within 10th of each
month, starting March, 2026. This will be in addition to
payment of current monthly maintenance of Rs.41,000/- each
month.
(iv) The amount so deposited shall be released immediately
in favour of the Opposite Party.
8. It is made clear that on default of deposit of any amount
towards arrear maintenance, this order will not be given effect to and
D.W. and NBW issued for realization of arrear maintenance shall
stand revived.
9. Urgent certified copy of this order be granted on proper
application.
Signed by: PUSPANJALI MOHAPATRA Judge
High Court
Date: 21-Jan-2026 19:58:18
