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Orissa High Court
Prasanta Kumar Sahu vs Tunee Sahu .... Opposite Party on 16 March, 2026
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.655 of 2025
Prasanta Kumar Sahu .... Petitioner
Mr. U.C. Mishra, Advocate
-versus-
Tunee Sahu .... Opposite Party
Ms. S. Panigrahi, Advocate
CORAM: JUSTICE V. NARASINGH
ORDER
16.03.2026
Order No.
04. 1. Heard learned counsel for the Petitioner and
learned counsel for the Opposite Party.
2. Assailing the judgment dated 19.08.2025 in
Criminal Appeal No.21 of 2024 passed by the learned
District & Sessions Judge, Kalahandi, Bhawanipatna
in exercise of his power under Section 29 of the
Protection of Women from Domestic Violence Act,
2005 (hereinafter referred to as „the D.V. Act‟)
thereby affirming the order passed by the learned
S.D.J.M., Bhawanipatna dated 01.05.2024 in C.M.C.
No.35 of 2021 of the learned Trial Court directing the
Petitioner to pay the amounts on the following
grounds, this Criminal Revision has been preferred:-
"(i) Rs.8,000/- per month to the
respondent/petitioner as monetary reliefs for
daily expenses;
(ii) Rs.4,000/- per month towards house rent;
and
(iii) Rs.8,000/- per month for maintenance of
minor son Arnab;
and all payable by the 5th of each succeeding
English calender month."
3. Learned counsel for the Petitioner submits that
the amount as awarded is ex-facie excessive and the
learned Courts below failed to appreciate that the
Petitioner who is serving as a Constable in CRPF
because of his posting in Assam was paid extra
emoluments, which primarily form the basis of
awarding the compensation and the learned Courts
below also failed to take into account that since the
son of the Petitioner is studying in KV, Bhawanipatna
the amount claimed towards his educational expenses
is also exorbitant.
4. It is submitted that so far as the emoluments
of the Petitioner while he is being posted in Assam
cannot be made the basis of assessment for the
reasons that the pay package receivable during such
posting in Assam is inherently temporary.
5. Learned counsel for the Opposite Party, Ms.
Panigrahi submits that admittedly the son of the
Petitioner and the Opposite Party is aged about 12
years and hence it cannot be said the amount
awarded towards his educational expenses and his
day-to-day expenses is on the higher side. Hence, the
matter does not merit any interference.
6. On going through the rival submissions, with
reference to the evidence and the materials on
record, this Court is of the considered view that
directing the Petitioner to pay a consolidated sum of
Rs.15,000/- towards monthly maintenance would
subserve the ends of justice.
7. In the light of such finding of this Court,
learned counsel for the Petitioner was called upon to
submit a calculation sheet keeping in view the
amount which is claimed to have been paid till date in
terms of the earlier orders passed by the learned Trial
Court, Appellate Court as well as this Court.
The calculation sheet filed by way of memo is
taken on record and copy thereof has been served on
the learned counsel for the Opposite Party who does
not dispute the amount so indicated in the
calculations.
8. From such calculation sheet, it is seen that the
arrear maintenance comes to Rs.5,09,290/-.
9. On consideration of the rival submissions, on
the touchstone of equity inter se, it is directed that
the Petitioner shall pay the sum of Rs.15,000/- per
month towards maintenance and the same shall be
paid on 10th of each succeeding month, the
maintenance becoming due i.e. for example for the
month of March, 2026, the amount shall fall due on
10th of April, 2026 so on and so forth.
10. It is further directed that the Petitioner shall
deposit a sum of Rs.1,09,290/- by end of May, 2026
towards arrears.
It is needless to state here that such deposit
shall be in addition to the amount of Rs.15,000/-
which shall fall due on 10th of May, 2026.
11. The balance amount of Rs.4,00,000/- towards
monthly maintenance shall be payable by way of 36
monthly instalments. The first of such instalment
shall fall due from 15th of June, 2026. The learned
Court in seisin shall fix the date of subsequent
instalments. Such deposit shall be in addition to the
amount of Rs.15,000/- as directed above.
12. The Petitioner shall deposit the amount as
aforesaid in the account of the Opposite Party.
The details of address and the bank account of
the Opposite Party as furnished by way of memo is
taken on record.
The same runs thus:-
Bank A/C Holder Name:- Tunee Sahu
Address- C/o- Somnath Sahu
Chancher,
Utkela -766011, Kalahandi
A/C No.- 00000020058187561
IFSC Code- SBIN0006089
MICR Code- 766002203
Bank Name- State Bank of India, Utkela
Branch, Kalahandi.
13. In the event of any default in payment as
aforesaid, it shall be open for the Opposite Party to
initiate action in accordance with law. And, it shall
also be open to the learned Court in seisin to consider
to direct the (Drawing and Disbursing Officer) DDO of
the Petitioner to effect necessary deduction from the
salary of the Petitioner and ensure deposit of the
amount(s) as directed in the aforementioned account
of the Opposite Party, as per the time line as above.
14. Accordingly, the CRLREV stands disposed of.
In view of disposal of CRLREV, pending I.As., if any,
also stand disposed of.
(V. Narasingh)
Judge
Ayesha
Location: High Court of Orissa, Cuttack
