High Court of Orissa
Case Details
IN THE E HIGH COURT OF ORISSA AT CUTTACK CRLREV NO. 510 of 2024 Priyabrata Nikha khandia …. Petitioner Pe Mr. Prabin Das, Ad Advocate -Versus- State of Odisha a and another …. Opposite site parties Mr.B.P. Tripathy hy, AGA CORA MR. JUS RAM: JUSTICE R.K. PATTANAIK Order No. 01. 1. 2.
Decision
ORDER 24.09.2024 Heard M d Mr. Das learned counsel for the petitioner. Instant nt revision is filed by the petitioner challeng lenging the impugned order a as at Annexure-4 passed in connection with C ith Criminal Appeal No.12 of of 2024 by the learned Additional District & & Sessions Judge, Chatrapur, ur, Ganjam confirming the order under Ann Annexure-2 passed by the lea learned S.D.J.M., Chatrapur in Misc. Case N se No.7 of 2024 denying stay stay of such interim maintenance allowed in t in terms of Section 23 of PWD WDV Act. 3. Mr. Das as, learned counsel for the petitioner submits its that the Court of first insta nstance granted interim maintenance of Rs.10, .10,000/- in favour of opposit osite party No.2 without considering the affid affidavits in confirmity with th the decision of the Apex Court in Rajnesh Vrs Vrs.Neha & Another(2021) 2 2 SCC 324and the same was challenged in in appeal followed by the im impugned order under Annexure-4 without ut any stay granted in his fav favour. It is further submitted by the learned ed counsel for the petitioner ner that the petitioner is unemployed and hen ence, he is not in a position on to pay the interim maintenance to opposi osite party No.2. 4. Perused ed the impugned order i.e. Annexure-4, where ereby, stay has not been gran ranted in favour of the petitioner against the he order as Page 1 of 3 at Annexure-2 un under challenge. Considering the grievance nce of the petitioner, this Co Court is inclined to dispose of the matter at t at the stage of admission and h nd hence, no notice is issued to opposite party rty No.2. 5. Heard M d Mr. Tripathy, learned AGA for the State- -opposite party No.1. 6. In fact, ct, opposite party No.2 approached the C Court of learned S.D.J.M., ., Chatrapur, Ganjam with an application file filed under Section 12 of the P he PWDV Act, 2005 and therein requested for for interim maintenance in te terms of Section 23 which was disposedof b f by order dated 14th May, 2 y, 2024, i.e. Annexure-2 in Misc. Case No.7 .7 of 2024 directing payment ent of Rs.10,000/- by the petitioner. The sai said order was challenged by by the petitioner in appeal which has led to pa o passing of the impugned ord order under Annexure-4. The contention is tha that on the date of hearing, th , though, opposite party No.2 was present, in in absence of the petitioner ner and proper evidence such an order wa was passed directing maintena tenance to be payable @ Rs.10,000/- per mon onth. The further contention ion is that the order passed by both the learned rned Courts below is not in a in accordance with law and in particular, in in view of ratio decided by th y the Apex Court in Rajnesh (supra). 7. The peti petitioner is the husband of opposite party N No.2 and the said fact is no not in dispute and has not been denied by M y Mr. Das, learned counsel fo l for the petitioner. 8. Having ng regard to the settled legal position n that a husband,irrespecti ective of the fact that he is unemployed or fin r financially not sound,is liable able to maintain his wife, who is in distress a ss and does not have the mea eans to survive, this Court is of the view that that interim maintenance is pa payable as per Section 23 of the PWDV Act. T t. The only contention is that hat there has been no proper evidence received ived by the Court of first insta stance, which is lost sight of the Appellate Cou Court while passing the impug pugned order under Annexure-4. Against the a e aforesaid Page 2 of 3 Pag backdrop, this Cou Court is of the conclusion that the petitioner is er is though made liable to pa pay an amount of Rs.10,000/- per month to o to opposite party No.2, whic hich is subject matter of challenge herein, h , however, having regard to to the fact that such an order under Annex nexure-2 is without proper ev r evidence, it would serve the purpose by direc irecting him to pay Rs.40,000 000/- as a lumpsum amount out of the arre arrear dues received by opp pposite party No.2 with direction to the he learned Additional District trict & Sessions Judge, Chatrapur, Ganjam to to expedite the hearing of t f the appeal and to ensure its disposal w within a stipulated period and till such time, the order of maintenanc ance as per Annexure-2 to rem remain suspended. 9. 10. Hence, i it is ordered. In the re e result, the revision stands disposed of with a d a direction to the petitioner ner to pay a sum of Rs.40,000/- (Rupee pees Forty Thousand) as agai gainst the outstanding dues to be received by o by opposite party No.2 within thin a period of two weeks from today and on on receipt of the same, with ith the proof submitted to the Court of the the learned Additional District trict & Sessions Judge, Chatrapur, Ganjam, the there shall be stay of interim erim maintenanceorder i.e. Annexure-2. It is t is further directed that upon pon compliance of the above, the learned Cour ourt below shall ensure early arly disposal of Criminal Appeal No.12 o of 2024 followed by an o n order within next four weeks keeping in v n view the decision of the Ap Apex Court in Rajnesh (supra). 11. 12. Issue urg urgent certified copy as per rules. A copy o py of the order be sent to the learned Court be t below for compliance. Signature Not Verified Digitally Signed Alok Signed by: ALOK RANJAN SETHY Reason: Authentication Location: ORISSA HIGH COURT Date: 25-Sep-2024 11:02:57 (R.K. Pattanaik) Judge Page 3 of 3 Pag