Orissa High Court
Prakash Lenka vs Mamalin Parida .... Opp. Party on 5 January, 2024
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 760 of 2023
Prakash Lenka .... Petitioner
Mr. Arijeet Mishra, Advocate
-versus-
Mamalin Parida .... Opp. Party
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 05.01.2024
01. 1. Heard learned counsel for the Petitioner and the State.
2. By means of this application the Petitioner seeks to challenge the order dated 03.04.2023 passed by the learned Judge, Family Court, Kendrapara in I.A. No.103 of 2020 arising out of Cr.P. No.127 of 2020 in allowing the interim maintenance to the Opposite Party-wife under Section 125, Cr.P.C.
3. The background facts of the case are that, pursuant to the matrimonial discord between the Petitioner and the Opposite Party, the Opposite Party-wife moved an application before the learned Judge, Family Court, Kendrapara claiming maintenance under Section 125, Cr.P.C. An application for interim maintenance was also moved vide I.A.No.103 of 2020, wherein the learned Court having heard the parties, directed the Petitioner-husband to pay a sum of Rs.2000/- (two thousand) per month to the Opp.Party-wife towards interim maintenance from the date of filing of the petition, i.e. 14.10.2020.
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4. It is submitted by the learned counsel for the Petitioner that the amount directed to be paid to the Opp.Party-wife towards interim maintenance is exorbitant keeping in view the financial/income status of the Petitioner, and the Petitioner is not in a position to pay the amount as directed.
5. Having regard to the facts and circumstances of the case and the application moved by the Opp. Party-wife before the learned Judge, Family Court, Kendrapara,, the amount claimed was for Rs.15,000/- whereas the learned court allowed the same for Rs.2000/- (two thousand) only. Therefore, the amount directed is under no circumstance be adjudged as exorbitant.
6. On the query of this Court, learned counsel for the Petitioner submitted that the arrear maintenance has not been deposited by the Petitioner, which comes to around Rs.1,50,000/- (one lakh fifty thousand) now. In view of the above, while this Court is not inclined to interfere with the direction of the learned Judge, Family Court, Kendrapara with regard to the interim maintenance of Rs.2000/- (two thousand) per month, the Petitioner is directed to deposit 50% of the total arrear amount, which is approximately Rs.75,000/- (seventy-five thousand) within a month hence before the learned court below. Till then, no coercive action be taken against the Petitioner. The balance arrear shall be deposited within a period of three months thereafter. In the event the first installment towards arrear is deposited the Execution Proceeding, i.e. Criminal Execution Case No.20 of 2023 pending in the court of the learned Judge, Family Court, Kendrapara shall be stayed. Upon depositing the aforesaid amount of Rs.75,000/- (seventy-five thousand), the same be disbursed in favour of the Opp.Party-wife. The Petitioner-
Page 2 of 3// 3 // husband is further directed to pay the current interim maintenance, as has been directed by the learned Judge, Family Court, Kendrapara @ Rs.2000/- (two thousand) per month to the Opp.Party-wife without any default. In the event the second installment is not deposited within the time stipulated the learned court shall proceed with the execution as per law. The CRLMP stands disposed of accordingly.
(Chittaranjan Dash) Judge S.K. Parida Signature Not Verified Digitally Signed Signed by: SAMIR KUMAR PARIDA Designation: ADR-cum-ADDL. PRINCIPAL SECRETARY Reason: Authentic Copy Location: ORISSA HIGH COURT, CUTTACK Date: 08-Jan-2024 19:49:03 Page 3 of 3