Disposed

Pradyumna Mohapatra v. Subhashis Hota Alias Mohapatra

Orissa HC5 Dec 2016CRLREV/794/2016

Case brief

AI extract

What is this about?

This court disposed of a revision petition challenging interim maintenance and house rent orders. The court directed the petitioners to file a show-cause by a specific date to comply with the 60-day timeline under Section 12(5) of the DV Act, without expressing an opinion on the merits.

What did the court decide?

Petitioners directed to file show-cause by 15.12.2016; revision petition disposed of without opinion on merits.

05.12.2016 Heard learned counsel for the petitioners and the learned counsel for the State. In this revision petition, the petitioners have challenged the order dated 09.08.2016 passed by the learned Sessions Judge, Nayagarh in Criminal Appeal No. 1 of 2016 as well as the order dated 18.12.2015 passed in Criminal Misc. Case No.133 of 2015 by the learned S.D.J.M., Nayagarh.

As it appears that, the case has been instituted on an application under section 12(1) of the Protection of Women from Domestic Violation Act, 2005 (hereafter P.W.D.V. Act) filed b y the opposite party Subhashis Hota @ Mohapatra. The learned S.D.J.M., Nayagarh has directed t he petitioners to pay interim maintenance @ Rs.4000/- (rupees four thousand) per month and als o interim house rent of Rs.1000/- (rupees one thousand) per month to the aggrieved person- opp osite party which was modified by the learned Appellate Court and it was directed that the pet itioners shall pay interim maintenance of Rs.3000/- (rupees three thousand) per month to the o pposite party and so far as the house rent allowance is concerned, the same was set aside. Learned counsel for the petitioners while challenging the impugned order raised variou s points but since it is an application under 12 of the P.W.D.V. Act which is to be disposed o f within a period of sixty days from the date of first hearing as per the section 12(5) of the Act, if any, show cause has been filed, the learned Magistrate shall

With this aforesaid observation, the revision petition is disposed of. It is made clear that this Court has not expressed any opinion on the merits of the co ntentions raised by the learned counsel for the petitioners, which are to be adjudicated by th e learned Magistrate in accordance with law.

Pradyumna Mohapatra v. Subhashis Hota Alias Mohapatra

Case brief

What is this about?

What did the court decide?

Pradyumna Mohapatra v. Subhashis Hota Alias Mohapatra

Case brief

What is this about?

What did the court decide?

What the court decided

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