Orissa High Court
Swayam Sidhha Sahu vs Bholanath Pandey .... Opp. Party on 14 December, 2023
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 15-Dec-2023 14:22:09
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) NO.40167 OF 2023
Swayam Sidhha Sahu .... Petitioner
Mr. Prasanta Kumar Pradhan, Advocate
-versus-
Bholanath Pandey .... Opp. Party
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 14.12.2023
01. 1. This matter is taken up through hybrid mode.
2. Order dated 4th November, 2023 (Annexure-5) passed by learned Judge, Family Court, Jharsuguda in MAT Case No.30/204 of 2021 is under challenge in this writ petition, whereby a petition filed by the Petitioner for stay of MAT Case till disposal of the CMA No.04 of 2023 filed under Section 24 of the Hindu Marriage Act, 1955 (for brevity 'the Act'), has been rejected.
3. Learned counsel for the Petitioner submits that the Opposite Party has filed the aforesaid MAT Case under Section 13 of the Act for dissolution of marriage by decree of divorce. During pendency of the MAT Case, the Petitioner filed an application in CMA No.04 of 2023 under Section 24 of the Act for grant of pendente lite maintenance. The said application is still pending for consideration. The Opposite Party has also been directed to pay maintenance to the Petitioner in a proceeding under the Protection of Women from Domestic Violence Act, 2005 in CMC Case No.155 of 2019. The Opposite Party has been directed to pay maintenance of Rs.5,000/- per month to the Petitioner in the said proceeding. The said order has also been confirmed by learned District Judge, Jharsuguda. Due to non-payment of maintenance in the DV Case, the Petitioner is facing difficulty to attend Court by travelling from Sambalpur.
Page 1 of 2 Signature Not VerifiedDigitally Signed // 2 // Signed by: ROJALIN NAYAK Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 15-Dec-2023 14:22:09
4. It is also submitted that the DV Case has also been disposed of in the meantime. He, therefore, prays for stay of further proceeding of the MAT Case till disposal of the CMA No.04 of 2023.
5. Considering the submission made by learned counsel for the Petitioner and on perusal of record, more particularly, the impugned order under Annexure-5, it appears CMA No.04 of 2023 filed under Section 24 of the Act, is still pending for consideration. Thus, it appears that the Petitioner essentially prays for stay of further proceeding in the MAT Case No.30/204 of 2021 for non-payment of maintenance in DV Case.
6. Law is well settled that for non-payment of maintenance under the separate statute a proceeding under the Act cannot be stayed. As rightly observed by learned Judge, Family Court, Jharsuguda, till date, no order under Section 24 of the Act has been passed.
7. Thus, the petition for stay for further proceeding of the MAT Case till disposal of the CMA No.04 of 2023 is misconceived.
8. In view of the above, this Court finds no infirmity in the impugned order.
9. Accordingly, the writ petition, being devoid of any merit, stands dismissed.
Issue urgent certified copy of this order on proper application.
(K.R. Mohapatra)
Rojalin Judge
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