Dambarudhar Balabanth v. Dhanalaxmi Pattnaik
Case brief
What is this about?
This criminal revision challenging an interim maintenance order under the Protection of Women from Domestic Violence Act was dismissed. The Court found no merit in the plea, noting the petitioner had a regular income and the wife was not gainfully employed, warranting interim maintenance.
What the court decided
CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI
CRL. REV. No.27 of 2021
Dambarudhar Balabanth & another
… Petitioners
- versus -
Dhanalaxmi Pattnaik … Opp. Party
ORDER
- 26.02.2021
Heard learned counsel for the petitioners.
This criminal revision has been filed by the petitioners challenging the order dated 6.1.2021 passed by the learned Sessions Judge, Gajapati, Paralakhemundi in Criminal Appeal No.04 of 2020 confirming the order dated 12.10.2020 passed by the learned J.M.F.C., Paralakhemundi in Misc. Case No.97 of 2019 under Section 23(1) of the Protection of Women from Domestic Violence Act (hereinafter referred to as “the Act”) directing petitioner no.1 to pay interim maintenance of Rs.5000/- to the opposite party-wife.
As it appears a proceeding under Section 12 of the Act is pending before the learned J.M.F.C., Paralakhemundi against the petitioner-husband. In the said proceeding, the opposite party made a prayer seeking interim relief under Section 23(1) of the Act. Learned J.M.F.C. prima facie being satisfied of the commission of the domestic violence and requirement of interim relief directed payment of interim maintenance pending disposal of the said proceeding vide impugned order dated 12.10.2020. The appellate court confirmed the order in the aforesaid appeal. The petitioner has challenged the same in this criminal revision on the
Issues for consideration
2 issues framed by the court
Whether the petitioner can be directed to pay interim maintenance when claiming other liabilities.
Whether the learned Trial Court committed any illegality while granting interim maintenance under Section 23(1) of the DV Act.
Parties & counsel
- petitioner
Dambarudhar Balabanth
- respondent
Dhanalaxmi Pattnaik
Coram
S. PUJAHARI
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court