The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No.1609 of 2020 Sanjaya Kumar Panda … Petitioner Mr. P.P. Parida, Advocate -versus- Namita Khuntia … Opposite Party Mr. S.S. Mohanty, Advocate Order No. 10. CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 25.07.2024 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application under Articles 226 and 227 of Constitution of India by the petitioner-husband challenging the order dated 11.09.2018 passed in CRP No.27 of 2018 by which the learned Judge, Family Court, Bhubaneswar in exercise of his power under Section 125 of CrPC, granted interim maintenance of Rs.6,000/- (Rupees Six Thousand) to the OP-wife with effect from the date of the order till disposal of the maintenance proceeding. 3. The undisputed facts as available in this case are that the present petitioner is the husband of the OP and their marriage was solemnized on 22.11.2007 at Dakhina Chandi Kalyan Mandap, Old Town, Bhubaneswar. After marriage, both the parties resided together in the house of the present petitioner-cum- husband for some months and, thereafter, on the Page 1 of 5 account of some dissension, a petition for dissolution of marriage was filed by the petitioner-husband which was registered as CP No.171 of 2010, wherein a decree of divorce was passed by the Court vide judgment dated 27.07.2016 subject to payment of permanent alimony of Rs.20,00,000/-(Rupees Twenty Lakhs). While the matter stood thus, the present OP-wife filed a petition under Section 125 of CrPC for grant of maintenance in the Court of learned Judge, Family Court, Bhubaneswar, which came to be registered as CRP No.27 of 2018. In response to such petition of OP-wife, the present petitioner-husband entered appearance therein, but the OP-wife filed another petition therein for grant of interim maintenance. After appreciating the evidence and facts on record, the learned Judge, Family Court, Bhubaneswar assessed the income of the petitioner-husband notionally at Rs.15,000/-(Rupees Fifteen Thousand) per month, while disbelieving the income of OP-wife as an Office
Legal Reasoning
Assistant with First Flight Courier at Rs.20,000/- (Rupees Twenty Thousand) per month and accordingly, awarded the aforesaid interim monthly maintenance to the OP-wife. It was also stipulated in the order that the petitioner-husband has to pay the interim maintenance to OP-wife with effect from the date of order i.e. 11.09.2018. Being aggrieved with the aforesaid order, the petitioner-husband has preferred the CRLMP. Page 2 of 5 4.
Legal Reasoning
In the course of hearing of the CRLMP, Mr. Pravasha Pujaree Parida, learned counsel for the petitioner, however, vociferously submits that the learned trial Court has assessed the income of the petitioner-husband notionally on presumption, but not on material facts and evidence, while disallowing the claim of monthly income of the OP-wife without any reason and, thereby, the present order suffers from illegality and perversity and would not stand to the scrutiny of law. It is, however, alternatively submitted by Mr. Parida that since the petitioner is the husband and he has duty and obligation to maintain his wife, but by taking into consideration the present day market index and the meagre income of the petitioner-husband, the direction to the husband to pay the interim maintenance @Rs.6,000/- per month may kindly be reduced by some amount. 5. On the other hand, Mr. Shib Shankar Mohanty, learned counsel appearing for the OP-wife, however, seriously contends that the present petition is not maintainable, since appreciation of evidence is impermissible in a proceeding like this and the finding of the learned trial Court, however, does not suffer from any illegality and perversity. Mr. Mohanty, however, alternatively submits that if at all the interim maintenance to the OP-wife is reduced, then the same may kindly be reduced by Rs.500/- (Rupees Five Page 3 of 5 Hundred) by taking into account the present days market index and the living standard of OP-wife. 6. After having considered the rival submissions upon perusal of record, there appears no dispute about status of the parties as husband and wife and their marriage has already been dissolved by a decree of divorce, but the same has been challenged before this Court in another proceeding. It is also not disputed that the husband has got duty and responsibility to maintain his wife, even if he is not having any independent income, provided he is able bodied person. This Court, however, does not find any dispute with regard to the status of the present petitioner as a practicing advocate of Bhubaneswar Bar and, therefore, the assessment of income of the petitioner-husband at Rs.15,000/- (Rupees Fifteen Thousand) notionally appears to be more than correct and, therefore, since the petitioner- husband has duty and responsibility to maintain his wife, he is liable to pay the interim maintenance which has been ordered by the learned Judge, Family Court, Bhubaneswar. Now the question remains to be decided is whether the amount as awarded to the OP-wife as an interim maintenance is justified or there can be further reduction in the said amount, but taking into account the settled law and the income of the petitioner-husband, in order to put an end to the litigation, this Court does feel that a little reduction in the amount of interim Page 4 of 5 maintenance to the OP-wife may suffice the situation, since the parties are at litigation from the year 2008. 7. In view of the aforesaid facts and taking into consideration the rival submissions and the averments taken in the CRLMP in entirety, this Court considers it appropriate to reduce the interim maintenance amount to Rs.5,000/- (Rupees Five Thousand) instead of Rs.6,000/- (Rupees Six Thousand) by further taking into account the income of the petitioner-husband as assessed by the learned Judge, Family Court, Bhubaneswar. It is made clear that the interim maintenance to the OP-wife is payable w.e.f. the date of the impugned order i.e. 11.09.2018. 8. It is also not in dispute that the petitioner- husband is paying interim maintenance of Rs.3,000/- (Rupees Three Thousand) per month till today, pursuant to the interim order passed by this Court. Hence, the arrear interim maintenance be paid to the OP-wife within eight (8) weeks hence. The interim order passed earlier in the CRLMP stands vacated. 9. 10.
Decision
Accordingly, the CRLMP stands disposed of. A copy of this order be immediately communicated to the learned Judge, Family Court, Bhubaneswar-I for proceeding further in the matter and disposal of the maintenance case expeditiously. Signature Not Verified Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 26-Jul-2024 14:32:55 (G. Satapathy) Subhasmita Judge Page 5 of 5