✦ High Court of India

Criminal Appeal No. 131 of 2019 · The High Court

Case Details

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No. 427 of 2020 An application under Section 401 of the Code of Criminal Procedure challenging the judgment and order dated 25.02.2020 of learned Sessions Judge, Cuttack in Criminal Appeal No.131 of 2019 confirming an order dated 20.09.2019 passed by the learned S.D.J.M.(S), Cuttack in D.V. Crl. Misc Case No. 163 of 2017. -------------- 1. Deepika Ghritlaher 2. Lavni Ghritlahre ..…. Petitioners -versus- Surendra Kumar Ghritlahre …… Opp. Party --------------------------------------------------------------------------- Mr. G.N. Mishra, Adv. For Petitioners : For Opp. Party ---------------------------------------------------------------------------- Mr. A.K. Nayak, Adv. : CORAM: HONOURABLE MISS JUSTICE SAVITRI RATHO JUDGMENT 30.05.2025 Savitri Ratho, J This application under Section 401 of the Code of Criminal Procedure has been filed challenging the judgment dated 25.02.2020 of learned Sessions Judge, Cuttack in Criminal Appeal

Legal Reasoning

No.131 of 2019 confirming an order dated 20.09.2019 passed by the learned S.D.J.M.(S), Cuttack in D.V. Crl. Misc Case No. 163 of 2017 for commission of offences under Section 12 of the CRLREV No. 427 of 2020 Page 1 of 11 Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the ‘PWDV Act’) seeking reliefs under Sections 18, 19, 20, 22 of the P.W.D.V. Act, 2005. BACKGROUND 2. The petitioner no.1 Deepika Ghritlaher had filed under Section 12 of the PWDV Act for reliefs under Sections 18, 19, 20 and 22 of the PWDV Act before the Court of the learned J.M.F.C., Cuttack in Crl. M.C. No. 163 of 2017 (T.R. No.1218 of 2017). She stated that she is the legally married wife of opposite party- Surendra Grithlahre and the marriage has been solemnized on 18.05.2013 at the residence of the petitioner at Kera, Dist-Jhangir Champa of State Chhatisgarh as a “danda bibhaghara”. At the time of marriage a cash of Rs.3,00,000/-, 500 gm., Gold 900 gm. Silver and other household articles had been given as gifts to the opposite party. After the marriage they lived happily for some days at the residence of the opposite party at Kharwat Khurd, Dist- Mungeli, State-Chhatisgarh, but after one year the opposite party got transferred to Cuttack and joined as scientist at CRRI, Bidyadharpur, Cuttack and got quarter bearing no.14 in Scientist Home. On 22.06.2014, the petitioner delivered a female child at Popular Nursing Home, Cuttack but when the opposite party came CRLREV No. 427 of 2020 Page 2 of 11 to learn about the birth, he accused the petitioner that she is a characterless lady and also attempted to kill the new born baby. The dispute continued till 11.01.2017, when the opposite party left the quarter along with the child and took away all the gold ornaments with him for which a case was registered before Mahila Police Station, Cuttack vide P.S. Case No. 44 of 2017 dated 23.04.2017. The petitioner no.1 was tortured mentally, physically, sexually and financially by the opposite party. Now she is residing in quarter No. 14 which was allotted to the opposite party in a distressed condition and the opposite party is threatening to kill her. Notice was issued in the case to the opposite party for his appearance and to file show cause, but in spite of being given sufficient time, he neither filed any show cause nor appeared before the Court. So on 06.07.2017 due to his absence, he was set exparte and exparte hearing was taken up. During hearing the petitioner was examined as P.W.1. The learned J.M.F.C, Cuttack vide judgment dated 20.09.2017 directed the opposite party to pay a sum of Rs.15000/- per month towards maintenance and a sum of Rs, 1,00,000/- towards compensation. CRLREV No. 427 of 2020 Page 3 of 11 3. The opposite party-husband challenged the exparte order of the learned J.M.F.C., Cuttack before the learned Sessions Judge, Cuttack in Criminal Appeal No. 134 of 2017 and the said order was partly allowed vide judgment dated 04.04.2018. Learned Sessions Judge while setting aside the exparte order gave him opportunity to file show cause on payment of Rs.50,000/- by 16.04.2018 and further the learned Sessions Judge remanded the matter for trial afresh and directed to pay a sum of Rs.10000/- per month till disposal of the D.V. Criminal Misc. Case. 4. Criminal Revision No. 381 of 2018 filed by the opposite party before this Court against the order dated 20.09.2017 passed in Criminal Appeal No. 134 of 2018 was disposed of on 09.03.2019 granting the opposite party No.1 – husband, three

Legal Reasoning

weeks time to file show cause as it was submitted on behalf of the opposite party (petitioner in the Criminal Revision) that Rs. 50,000/- had already been deposited by him in the Court and this had been paid to the petitioner- wife. 5. The petitioners filed an application in the D.V. Misc Case stating that as the opp. party husband had not paid Rs 50,000/- as directed by the learned Sessions Judge but had paid the amount towards arrear maintenance, he should not be allowed to file his CRLREV No. 427 of 2020 Page 4 of 11 show cause. This has been rejected on 20.09.2019 passed by the learned S.D.J.M.(S), Cuttack. Criminal Appeal No.131 of 2019 filed challenging this order, has been dismissed on 25.02.2020 by the learned Sessions Judge, Cuttack. SUBMISSIONS 6. Mr. G.N. Mishra, learned counsel for the petitioners submitted that as the opposite party did not pay any maintenance, the petitioners filed Execution Misc. No. 304 of 2017 before the Magistrate in which conditional NBW was issued and the opposite party was arrested and produced before the learned Court below on 04.05.2018. To wriggle out of the detention, he submitted a draft of Rs.50,000/- towards arrear maintenance and got released on bail. But he did not comply with the conditional order of the Sessions Judge in Criminal Appeal No. 134 of 2017, but participated in the proceeding to which the petitioners objected and filed an application to ignore his appearance in the case which has been rejected by the Magistrate on 20.09.2019 with a finding that the deposit of Rs.50,000/- in execution case is in fact in compliance of Sessions Judge order and no further deposit is necessary. The petitioners filed Criminal Appeal No. 131 of 2019 before the learned Sessions Judge against the said order, but the same has CRLREV No. 427 of 2020 Page 5 of 11 been dismissed on 25.02.2020 which is under challenge in this revision. 7. Mr. A.K. Nayak, learned counsel for the opposite party- husband submitted that the learned J.M.F.C., Cuttack allowed D.V. Crl. Misc. Case No. 163 of 2017 exparte vide judgment dated 20.09.2017. In the said judgment it was directed to pay a sum of Rs.15000/- per month towards maintenance and a sum of Rs.1,00,000/- towards compensation. The opposite party challenged the exparte order of the learned J.M.F.C., Cuttack before the learned Sessions Judge, Cuttack in Criminal Appeal No. 134 of 2017. The said order was partly set aside vide judgment dated 04.04.2018. The learned Sessions Judge while setting aside the exparte order, gave opportunity to the opposite party to file show cause on payment of Rs. 50,000/-by 16.04.2018. The learned Sessions Judge has been pleased to remand the matter for afresh trial and directed the opposite party to pay a sum of Rs.10000/- per month till disposal of the D.V. Crl. Misc. Case. The opposite party applied the certified copy of the judgment dated 04.04.2018 passed by the learned Sessions Judge which was granted on 17.04.2018 for which he had filed Criminal Revision before this Court for extension of time and other relief. The Chauliaganja police arrested CRLREV No. 427 of 2020 Page 6 of 11 the opposite party on strength of the NBW and produced him on 04.05.2018 before the learned J.M.F.C, Cuttack. The opposite party was released on bail and deposited a sum of Rs.50000/- in compliance of the order of the learned Sessions Judge., The amount was paid to the petitioner-wife in Court. He further submitted that when the CRLREV No. 381 of 2018 was taken up on 10.05.2018, this Court stayed the further proceeding in Crl. Misc. Case No. 163 of 2017 pending in the file of the learned J.M.F.C, Cuttack and it was further directed that the opposite party shall continue to pay the monthly maintenance of Rs.10000/- as has been directed by the learned Sessions Judge and payment of Rs.50000/- shall abide by the final decision in the proceeding. He

Decision

further submitted that CRLREV No. 381 of 2018 was disposed of vide order dated 07.03.2019 and while disposing the revision has been pleased to allow three weeks for filing this show cause and rest part of the order has been kept intact. ANALYSIS 8. In view of the submission of the learned counsel, the Court has now to decide whether the payment of Rs 50,000/- deposited by the opp. party- husband was in compliance of the order of the learned Sessions Judge for participating in the CRLREV No. 427 of 2020 Page 7 of 11 proceedings or towards outstanding arrears of maintenance. And if his show cause should be accepted as he has not complied with the order of the learned Sessions Judge, Cuttack to pay Rs.50,000/-. 9. The learned JMFC by order dated 20.09.2017 passed in 20.09.2017 had directed the opposite party to pay Rs.1,00,000/- (Rs One lakh) towards compensation and Rs.15,000/- towards per month towards her maintenance under Section 20 of the Act. 10. The learned Sessions Judge by order dated 04.04.2018 allowed Criminal Appeal No. 134 of 2017 had set aside the order dated 20.09.2017 of the learned J.M.F.C., Cuttack and granted opportunity to the opposite party to file show cause and adduce evidence, by paying Rs.50,000/- to the wife by 16.04.2018 and directed him to appear in person or through his counsel before the lower Court. It was further directed that if the appellants fails to abide by the above direction, the lower court shall proceed with the case and if “the appellants pays Rs.50,000/- and files his show cause within time stipulated as directed in this order the lower Court shall give opportunity to the appellant i.e. to cross examine the respondent – aggrieved person or any witness tendered by her and to adduce evidence on his own” CRLREV No. 427 of 2020 Page 8 of 11 11. It had also been directed in the order that that the appellant therein shall pay Rs 10,000/- per month till disposal of the DVC. 12. On the submission that the sum of Rs 50,000/- had already been deposited before the trial court which had been paid to the paid to her, Criminal Revision No. 381 of 2018 filed by the opposite party before this Court against the order dated 20.09.2017 passed in Criminal Appeal No. 134 of 2018 was disposed of on 09.03.2019 granting the opposite party No.1 three weeks time to file show cause. The relevant portions of the order are extracted below ;- “In view of the fact that the payment of Rs 50,000/- has been made and as per the order passed by this Court on 10.05.108, the said payment would abide by the final decision in the proceeding, he now confines the prayer to set aside the order of payment of monthly maintenance till disposal of the proceeding.” “In view of the aforesaid, I am not inclined to entertain this revision and the same is accordingly dismissed. While parting, it is however observed that in the event, the petitioner has not yet filed his show cause, within the time as fixed under the impugned order, he be permitted to do so within a period of three weeks hence, and the CRLREV No. 427 of 2020 Page 9 of 11 rest part of the impugned order be accordingly given effect to”. 13. So the petitioner filed an application before the learned J.M.F.C., objecting to his filing of show cause as he had not deposited Rs.50,000/- in compliance of the earlier order of the learned Magistrate. But the learned J.M.F.C. held that as the opposite party has paid Rs.50,000/- in Ex. D.V. No. 304 of 2017, that was compliance of the order of the learned Sessions Judge to pay Rs.50,000/-. This order was confirmed by order dated 25.02.2020 passed in Criminal Appeal No. 131 of 2019. 14. So if it is accepted that the deposit of Rs 50,000/- was in compliance of the order of the learned Sessions Judge, then this amount cannot be adjusted towards arrear maintenance. As observed by this Court in Criminal Revision No. 381 of 2018 – “the said payment would abide by the final decision in the proceeding”. Rs One lakh had been initially awarded towards compensation by the learned JMFC which had been set aside by the learned Sessions Judge and he had been directed to deposit Rs.50,000/-. 15. Hence this I am not inclined to interfere with the impugned orders holding that the opp. Party can file his show CRLREV No. 427 of 2020 Page 10 of 11 cause and participate in the proceedings as he had deposited Rs.50,000/- in compliance of the order of the learned Sessions Judge in Criminal Appeal 134 of 2017. 16. As this amount of Rs.50,000/- cannot be utilized both towards payment of arrear maintenance as well as the amount fixed for setting aside the exparte order and to file show cause, it is clarified that this amount of Rs.50,000/- cannot be held to be payment towards arrear maintenance and it would be open to the petitioners to proceed for realization of arrears of maintenance if any, in accordance with law. 17. The Criminal Revision is disposed of with the aforesaid observation. ……………………… (Savitri Ratho) Judge Orissa High Court, Cuttack. Dated, the 30th May, 2025. S.K. Behera, Senior Stenographer. Signature Not Verified Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Jun-2025 19:34:59 CRLREV No. 427 of 2020 Page 11 of 11

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