[Cites 2, Cited by 0]
Orissa High Court
Puspalata Pradhan @ vs State Of Odisha & Ors. ....... Opposite ... on 25 March, 2026
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.910 of 2026
Puspalata Pradhan @ ......... Petitioner(s)
Bastia Mr. Mithun Das,
Advocate
-Versus-
State of Odisha & Ors. ....... Opposite Party (s)
Ms. Gayatri Patra, ASC
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
25.03.2026
Order No.
01.
1. This matter is taken up through hybrid arrangement.
2. The Petitioner has filed this CRLMC seeking a direction from this
Court to the Opposite Party Nos. 2 & 3 to execute the N.B.W. issued
against the Opposite Party No.4 on 26.04.2024 in Crl. Execution Case
No.16 of 2023 pending before the learned Judge, Family Court, Puri.
3. Learned counsel for the Petitioner submits that the Petitioner had
got married to the Opposite Party No.4 on 04.12.2014 as per Hindu
rites and customs. After some days of their marriage, her husband /
Opposite PartyNo.4 and his family members started torturing on her
both mentally and physically by demanding more dowry. On
Signature Not 25.03.2016,
Verified her husband / Opposite Party No.4 as well as his family
Digitally Signed
members
Signed by: GITANJALI NAYAK assaulted her and forcibly drove out from her in-law's
Reason: Authentication
Location: OHC
Date: 26-Mar-2026 17:32:10
house. Since then, she has been residing at her parental house.
Thereafter, the Petitioner filed a Petition under Section 125 of the
Cr.P.C. before the learned Judge, Family Court, Puri vide Cr.P.
No.122 of 2019, inter-alia, praying for maintenance of Rs.10,000/- per
month from the Opposite Party No.4, as he has been earning more
than Rs.25,000/- per month from his own business. In the said case,
notice was issued to the Opposite Party No.4, who appeared in the
Proceeding before the learned Judge, Family Court, Puri, but he did
not file his objection. At the time of hearing, as the Opposite Party
No.4 was absent, his evidence was closed and he was set ex-parte.
The learned Judge, Family Court, Puri after going through the
Petition, filed under Section 125 of Cr.P.C. by the Petitioner and after
perusing her evidence as PW-1 vide order dated 02.11.2022 directed
the Opposite Party No.4 to pay maintenance of Rs.1,000/- per month
to the present Petitioner from the date of application of the Petition
under Section l25 Cr.P.C., i.e. dated 22.08.2019, till the date of Order
and Rs.2,000/- per month from the date of Order.
4. After the Judgment, dated 02.11.2022, when the Opposite Party
No.4 did not comply the Judgment dated 02.11.2022, the present
Petitioner filed one Criminal Execution Case No.16 of 2023 on
03.02.2023 before the learned Judge, Family Court, Puri for execution
Digitally Signed of the Judgment dated 02.11.2022, in which the notice was issued to
the present Opposite Party No.4 on 20.04.2023. Despite receiving of
the summon, the present Opposite Party No.4 did not appear before
the learned Judge, Family Court, Puri in Execution Case No.16 of
2023, for which vide Order dated 16.08.2023, the present Opposite
Party No.4 was set ex-pate and vide Order, dated 16.09.2023, the
learned Judge, Family Court, Puri directed the present Opposite
Party No.4 to pay the arrear maintenance amounting to Rs.46,366/- to
the present Petitioner, within seven days. But, the same was not paid
by the Opposite Party No.4, for which the learned Judge, Family
Court vide Order dated 26.09.2023 issued D.W. against the Opposite
Party No.4. However, as the same was not executed, on 26.04.2024,
the learned Judge, Family Court, Puri, issued N.B.W. against the
present Opposite Party No.4 to the concerned case for production of
the present Opposite Party No.4. But, till date, despite passing of
several orders, the N.B.W. was not executed.
5. Due to nonexecution of N.B.W., the learned Judge, Family Court,
Puri, on 25.08.2025 sent the Execution Case of the Petitioner to the
dormant file, because the present Opposite Party No.2 is unable to
produce the Opposite Party No.4 before the learned Judge, Family
Court, Puri, despite several reminders made by the learned Judge,
Family Court, Puri. Though the warrant has been issued since
26.04.2024, but the Opposite Party No.3 failed to discharge his duty
to execute the Court's warrant. Hence, this case.
6. Learned counsel for the State strongly objects release of the
Petitioner on bail.
7. In view of such facts and submissions made by the learned
counsel for the Petitioner, this Court directs the Opposite Party Nos.2
& 3 to execute the N.B.W. issued against the Opposite Party No.4 on
26.04.2024 in Crl. Execution Case No.16 of 2023 pending before the
learned Judge, Family Court, Puri within a period of four weeks in
letter and spirit.
8. Accordingly, the CRLMC is disposed of.
( Dr. Sanjeeb K Panigrahi)
Judge
Signature
Gitanjali Not Verified
Digitally Signed
Signed by: GITANJALI NAYAK
Reason: Authentication
Location: OHC
Date: 26-Mar-2026 17:32:10
