Orissa High Court
Chinmaya Das vs Namrata Mishra .... Opp. Party on 5 February, 2024
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No.60 of 2024
Chinmaya Das .... Petitioner
Mr. B. Dasmohapatra, Advocate
-versus-
Namrata Mishra .... Opp. Party
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 05.02.2024
01. 1. Heard learned counsel for the Petitioner and the State.
2. The background facts of the case are that the marriage between the Petitioner and the Opposite Party was solemnized on 06.07.2018 at Berhampur as per Hindu rites. No child was born out of the said wedlock. The Respondent-wife deserted the matrimonial home on her own accord. The parties separated on 15.11.2021. The Opposite Party prior to filling of the maintenance case CRP No.100 of 2023 under Section 125 Cr.P.C, filed CP. Case No.897 of 2022 under Section 9 of the Hindu Marriage Act which is pending before the learned Judge, Family Court No.1 of Bhubaneswar. The Respondent also filed an FIR bearing P.S Case No.245 of 2023 against the Petitioner and his family members under Sections 498A/34/294,323 IPC at Gosaninuagaon PS, Berhampur. Divorce Petition bearing C.P. No.342 of 2022 which was initially filed by the Petitioner husband under Section 13(1)(ia) of Hindu Marriage Act before the learned Judge, Family Court, Berhampur later transferred to the learned Judge, Family Page 1 of 3 // 2 // Court, Bhubaneswar by order of this Court and renumbered as C.P. No.32 of 2023 is also pending.
3. Petitioner has also filed his objection to the interim maintenance petition dated 20.07.2023 enclosing the documentary proof with respect to the present employment of the Opposite Party. In his objection, the Petitioner has averred that his wife is highly educated and qualified, completed her post graduation, MCA from NIST, Berhampur in the year 2013. Prior to the marriage, the Respondent wife was working in Experis I.T. Solutions from December, 2016 to December 2018, thereafter she joined in Virtusa India Pvt. Ltd., from April 2019 to November, 2021 with a annual package of Rs.4 lakhs. Thereafter, she joined IBM India Pvt. Ltd., from November, 2021 to August 2023 with a annual package of Rs.8.34 lakhs and currently working in NTT DATA a Japan based Software MNC as Digital Technology Senior Analyst role and drawing Rs.90,000/- per month. The Respondent wife at the time of filing the maintenance application in July 2023 was gainfully employed with IBM India Pvt. Ltd and was earning Rs.8.34 lakh per annum including various allowances which comes to around Rs.75,000/- per month but have deliberately suppressed the same in her pleadings and lied under oath. The Respondent wife had also filed her affidavit of asset and liabilities without disclosing her Income Tax Returns, Gross and Net Income, monthly withdrawal from bank, salary account and monthly pay slips thereby suppressing her present employment in NTT DATA.
4. The learned Judge, Family Court No.-1, Bhubaneswar ignoring all the supported documentary evidence produced by the Page 2 of 3 // 3 // Petitioner, passed the order dated 12.12.2023 directing the Petitioner to pay Rs.16,000/- per month to the Respondent wife towards her interim maintenance which shall be payable from the date of filing of the application i.e. on 20.07.2023 and have further directed to pay the current/regular maintenance on or before 10 th day of each succeeding calendar month and to pay the entire interim maintenance dues within a period of two months hence.
5. Learned counsel for the Petitioner drew the attention of this Court to the documents placed before the learned court below which would go to show that the Opposite Party-wife has been placed in a senior position and has sufficient means to maintain herself and as such the impugned order directing the Petitioner to pay a of sum of Rs.16,000/- is in the higher side and the same be reduced to 10,000/-.
6. Keeping in view the submission of the learned counsel for the Petitioner while this Court is not inclined to interfere with the order of the learned court below on merit, the amount of maintenance directed by the court is reduced to Rs.14,000/- in place of Rs.16,000/- which the Petitioner shall continue to pay till disposal of the main application and shall deposit the arrear in two equal installments. Rests of the directions passed in the impugned order shall remain unaltered. The CRLMP is disposed of.
(Chittaranjan Dash)
Signature NotAKPradhan
Verified Judge
Digitally Signed
Signed by: ANANTA KUMAR PRADHAN
Designation: Sr. Steno
Reason: Authentication
Location: HIGH COURT OF ORSSA
Date: 07-Feb-2024 11:39:53
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