Disposed

Eswa Anand Kumar v. Alamasethi Pratima

Orissa HC21 Dec 2016RPFAM/135/2016

Case brief

AI extract

What is this about?

The High Court disposed of a revision petition challenging an order directing monthly maintenance. Instead of adjudicating on the merits of the petitioner's claim regarding changed circumstances, the Court directed the filing of a fresh application under Section 127 Cr.P.C. for alteration of maintenance quantum.

What did the court decide?

Direction to file an application under Section 127 Cr.P.C. for alteration of maintenance; revision petition disposed of without expression of opinion on merits.

This revision petition has been filed for challenging the impugned order dated 14.04.2016 passed in Criminal Proceeding No.135 of 2013 in directing the petitioner to pay a sum of Rs.6,500/- (rupees six thousand five hundred) per month to the opposite party since Jan uary 2014 and it was further directed to pay Rs.5,000/- (rupees five thousand) every month tow ards arrear maintenance amount along with the current maintenance amount till the arrear is cl eared.

Learned counsel for the petitioner submitted that in the impugned judgment, it has been mentioned that not a single scrap of paper was filed on behalf of the petitioner to show that the opposite party is in service but in the meantime, he has obtained instruction th rough R.T.I. from Pradhan Acharaya, Saraswati Sishu Mandir, Kukudakhandi, Ganjam that the oppo site party has joined as Acharjya in the school since 09.04.2015 and continuing as such in the academic session 2015-16 and her monthly seva dakhina was Rs.2,400/- (rupees two thousand fou r hundred) per month during March and April 2016.

Learned counsel for the petitioner submitted that the petitioner is incurring expenditure to the tune of Rs.16,500/- (rupees sixteen thousand five hundred) per month as per the calculation sheet furnished in this revision petition under Annexure-3 and he contended t hat all these change in the circumstances are to be brought to the notice

Learned counsel for the opposite party vehemently opposed to the prayer made b y the learned counsel for the petitioner and submitted that Annexure-3 is not supported by any documents and document obtained under R.T.I. does not reflect the current position and moreov er law is well settled that merely because a woman is earning something to sustain her livelih ood, she will not be deprived of an order of maintenance in her favour.

Considering the submissions made by the learned counsels for both the parties, it is directed that in the event an application under section 127 of Cr.P.C. is filed by the petitioner before the learned Judge, Family Court, Berhampur for alteration of the amount of m aintenance as directed vide impugned order dated 14.04.2016, the same shall be duly considered in accordance with law giving opportunity of hearing to the opposite party.

Eswa Anand Kumar v. Alamasethi Pratima

Case brief

What is this about?

What did the court decide?

Eswa Anand Kumar v. Alamasethi Pratima

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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