Akshay Kumar Swain vs Kabita Manjari Swain And .... Opp. ...
2026 Latest Caselaw 683 Ori

Orissa High Court

Akshay Kumar Swain vs Kabita Manjari Swain And .... Opp. ... on 27 January, 2026

Author: Mruganka Sekhar Sahoo

Bench: Mruganka Sekhar Sahoo

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             RPFAM No.4 of 2026

            Akshay Kumar Swain               ....        Petitioner

                                  Mr. S. S. Mohapatra, Advocate

                                  -versus-

            Kabita Manjari Swain and         ....     Opp. Parties
            others



                       CORAM:
                       JUSTICE MRUGANKA SEKHAR SAHOO
                                   ORDER

27.01.2026 (Hybrid Mode) Order No.

01. 1. The petitioner-husband is before this Court challenging the judgment dated 18.10.2025 passed by the learned Judge, Family Court, Puri in CRP Case No.98 of 2023. By the said judgment the petition filed by the opposite party-wife in the marriage and two minor daughters born from the wedlock represented through their mother-opposite party-petitioner U/s.125 of Cr.P.C. (since repealed), seeking maintenance of ₹40,000/- per month was allowed. Maintenance amount directed is ₹4,000/- for each of the petitioners making the total of ₹12,000/- per month.

2. Learned counsel for the petitioner refers to the paragraph-14 of the judgment to submit that the learned Court had noted that the opposite party- petitioner as well as the children from the marriage are studying in the house of the opposite party. The study expenses of both the children are borne by the petitioner-husband.

It is further submitted that though there is dissention between the parties opposite party no.1-wife and the petitioner-husband but there is every likelihood of settlement between the parties.

3. Issue notice along with this order, subject to the petitioner depositing ₹36,000/- for the maintenance directed from the date of order i.e. 18.10.2025 for the months of November, December, 2025 and January, 2026.

The deposit shall be made before this Court by demand draft favouring the learned Registrar(Judicial) to be kept in a high interest yielding fixed deposit in a nationalized bank with auto renewal clause to be kept to the credit of the present petition. The deposit shall be made within 10 working days.

Thereafter the requisites shall be filed within five working days for issuance of notice by Speed Post with registration and proof of delivery.

4. Upon making of the deposit and filing of the requisites, notice shall be issued to the opposite party no.1 also representing opposite party nos.2 and 3.

5. List after S.R. Liberty to mention.

6. Heard learned counsel for the petitioner.

7. Issue notice as above. Accept one set of process fee and postal requisites.

8. List after S.R. Liberty to mention.

(Mruganka Sekhar Sahoo) Judge

Radha