[Cites 2, Cited by 0]
Orissa High Court
Hara Prasad Bhoi vs Smt. Puspanjali Behera ..... Opposite ... on 24 March, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 341 of 2026
Hara Prasad Bhoi ..... Petitioner
Mr. P.K. Mohanty, Advocate
-versus-
Smt. Puspanjali Behera ..... Opposite Party
CORAM:
HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
24.03.2026
CRLMP No. 341 of 2026 & I.A. No. 64 of 2024
Order No. (Through hybrid mode)
02.
1. This CRLMP has been filed challenging the order dated
01.12.2025 passed by the learned Judge, Family Court, Sambalpur in
C.M.C. No. 20 of 2025 directing for payment of Rs.7,000/- per
month towards interim maintenance from the date of filing of the
petition i.e. from 14.11.2025.
2. The date chart and synopsis filed by learned counsel for the
Petitioner is taken on record. It shall be scanned and incorporated in
the digital record.
3. Mr. P.K. Mohanty, learned counsel for the Petitioner-husband
submits that the Opposite Party-wife has barely stayed for one month
only in the matrimonial house and thereafter left. All efforts of the
Petitioner to bring her back has failed and he has also filed an
application under Section 9 of the Hindu Marriage Act i.e. C.P. Case
No. 76 of 2025 in the Court of the learned Judge, Family Court,
Jharsuguda. He also submits that he is willing to take back the
Opposite Party-wife but in the proceeding under Section 9 of the
Hindu Marriage Act, after entering appearance in the case, neither
she or her counsel has appeared in the case for which steps for
conciliation could not be taken up. He fairly admits that no amount
has been paid towards interim maintenance. He also submits that if
the Opposite Party appears in the case, there is a chance of settlement
of the matter as because if the Opposite Party is not willing to return
to the house of the Petitioner, the matter can be settled so that the
parties can start their lives afresh separately.
4. Perusal of the petition filed under Section 125 of Cr.P.C.
reveals that the Opposite Party has stated that after she left her
matrimonial house on 15.01.2023 on being unable to tolerate the
suffering and torture by the Petitioner and his family members, the
Petitioner never contacted her to take her back to the house and has
not paid a single pie to her towards her maintenance and presently
she is looking after her family members as they are maintaining her.
But her father may not be able to maintain her for a long time for
which she has filed a proceeding under Section 125 of the Cr.P.C.
5. Issue notice to the Opposite Party in the CRLMP as well as in
the I.A. The notice shall be made returnable within four weeks.
6. Requisites for issuance of notice to the Opposite Party through
Speed Post with A.D shall be filed by 26.03.2026.
7. Considering the submission of the learned counsel for the
Petitioner, impugned order shall remain stayed subject to deposit of
an amount of Rs.12,000/- (Rupees Twelve Thousands only) by
learned counsel for the Petitioner in the learned court below within
two weeks, without prejudice to his rights and contentions in the
CRLMP or the CMC. The said amount shall be released in favour of
the Opposite Party-wife.
8. List the CRLMP on 12.05.2026 along with postal tracking
report. On the next date, efforts for settlement of the matter/ sending
the matter for mediation shall be considered.
9. Urgent certified copy of this order be granted on proper
application.
(Savitri Ratho)
puspa
Judge
Signed by: PUSPANJALI MOHAPATRA
Designation: Personal Assistant
Reason: Authentication
Location: Orissa High Court
Date: 24-Mar-2026 18:23:53
