Orissa High Court
Ansuman Das vs Anjana Mohanty .... Opp. Party on 7 March, 2024
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Designation: A.R.-CUM-SR. SECRETARY
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 11-Mar-2024 12:44:45
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 4823 of 2024
Ansuman Das .... Petitioner
Mr. Samir Kumar Mishra, Senior Advocate
being assisted by Miss Susrita Sahoo, Advocate
-versus-
Anjana Mohanty .... Opp. Party
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 07.03.2024
1. 1. This matter is taken up through hybrid mode.
2. Order dated 2nd November, 2023 (Annexure-4) passed by learned Judge, Family Court, Bhubaneswar in IA No.6 of 2023 (arising out of CP No.683 of 2021) is under challenge in this writ petition, whereby the Petitioner has been directed to pay a sum of Rs.4,000/- per month as maintenance pendente lite to the Opposite Party with effect from the date of application, i.e., 9th January, 2023.
3. It is submitted by learned counsel for the Petitioner that although the wife-Opposite Party alleged in her petition that the Petitioner is drawing Rs.40,000/- per month, but in a collateral proceeding in CMC No.123 of 2022 filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act'), she herself stated that the Petitioner was drawing a sum of Rs.7,000/- per month towards his salary. In the affidavit of assets and liabilities filed by the Petitioner, he has made it clear that he is serving in a private Company and is earning Rs.8,000/- per month. The statement of the wife-Opposite Party Page 1 of 3 Signature Not Verified // 2 // Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Designation: A.R.-CUM-SR. SECRETARY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 11-Mar-2024 12:44:45 in the collateral proceeding was also filed during adjudication of IA No.6 of 2023, but without considering the same, the impugned order has been passed.
3.1 It is his submission that the Petitioner has his old ailing mother depending upon him. If he pays Rs.4,000/- per month towards maintenance pendente lite it will be very difficult on his part to maintain himself and his mother. Hence, he prays for setting aside the impugned order.
4. Taking note of the submission of learned counsel for the Petitioner and on perusal of record, it appears that the Petitioner has made a disclosure in the affidavit of assets and liabilities that he is getting the salary of Rs.8,000/- per month and it is stated that the Opposite Party has made a statement in the collateral proceeding under the Act stating that the Petitioner was drawing salary of Rs.7,000/- per month. It also transpires although the Opposite Party alleged that the Petitioner is drawing salary of Rs.40,000/- per month, but no material appears to have been filed to that effect. In view of the above, this Court feels that the matter should be considered afresh if moved by the Petitioner. This Court feels that by issuing notice to the Opposite Party and seeking her response will delay the matter.
5. Accordingly, the writ petition is disposed of with a direction that in the event the Petitioner files an application to recall/modify the order dated 2nd November, 2023 (Annexure-4) within a period of two weeks hence, the same shall be considered in accordance with law giving opportunity of hearing to the parties concerned. It is made clear that this Court has not Page 2 of 3 Signature Not Verified // 3 // Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Designation: A.R.-CUM-SR. SECRETARY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 11-Mar-2024 12:44:45 expressed any opinion on the merit of the submission of learned counsel for the Petitioner.
6. Since this writ petition is disposed of without issuing notice to the Opposite Party, she is at liberty to seek for variation of this order, if she feels aggrieved.
Issue urgent certified copy of the order on proper application.
s.s.satapathy (K.R. Mohapatra)
Judge
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