This order modifies an interim maintenance directive in a domestic violence constant matrimonial cause, reducing the monthly amount to align with the petitioner's claims while maintaining the case timeline.
The monthly interim maintenance payable to the respondent was reduced from Rs. 30,000 to Rs. 15,000.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No. 336 of 2021
Debasish Dash
…. Petitioner
Mr. Abhishek Dash, Advocate
Versus
…. Promoda Satpathy Opposite Party
Mr. Durga Prasad Dhal, Advocate
CORAM:
JUSTICE SAVITRI RATHO
Order No.
ORDER 08.11.2021
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Act, by the Opp party – wife . The learned JMFC restrained the petitioner and three other Opp parties from committing or inflicting
any kind of domestic violence on the Opp party and further directing the Petitioner to pay Rs 10,000/- towards house rent and Rs 30,000/- towards household expenses including medical expenses per month from the date of the order and Rs 6,00,000/towards compensation within three months of the order .
set aside the order of the learned JMFC and remanded the matter back to her for disposal in accordance with law within two months from the date of communication of the order after providing an opportunity of filing show cause and hearing without disturbing the evidence already recorded but providing a right of cross examination to the appellants therein to P.W.1 .The parties were also given the liberty to adduce further evidence if any .He also directed the petitioner to pay a monthly maintenance of Rs. 30,000/- to the Opp Party per month which would be subject to the
final order that would be passed in the CMC and the parties had been directed to appear within seven days and cooperate with the trial .
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considering the submissions of the learned counsels , it is felt that
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the purpose of justice will be served if the order of the learned Sessions Judge is modified to the extent that as an interim measure, instead of paying an amount of Rs.30,000/- as monthly maintenance to the respondent, the appellant shall pay a sum of Rs.15,000/- per month as interim maintenance without prejudice to claims of either parties in the D.V. case.
It is therefore directed that both parties shall appear before the learned J.M.F.C., Bhubaneswar in CMC No.71 of 2019 (Trial Case No.74 of 2020) on 18.11.2021 as it is stated at the bar that the next date is fixed to 18.11.2021 before the learned JMFC . It is made clear that on the said date i.e . 18.11.2021 , the learned Magistrate will allow the counsel for the petitioner to crossexamine the Opp. Party on the said date or any date fixed by her within one week, and thereafter, dispose of the case within a period of 2 months in accordance with the order passed in Criminal Appeal of the learned Sessions Judge. The amount of Rs 15,000/towards the interim maintenance for the first month will be paid by the petitioner on or before the next date i.e 18.11.2021 without fail . If the said amount is not paid , this Criminal Revision will be deemed to be dismissed .
With the aforesaid modification in the order dated 16.08.2021 passed by the learned Sessions Judge, Khurdha At-
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Bhubaneswar in Criminal Appeal No.06 of 2021, this CRLREV is
disposed of.
application.
......................... (Savitri Ratho)
Sukanta
Judge
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2 issues framed by the court
Whether to modify the interim maintenance amount imposed by the appellate court in a constant matrimonial cause.
Whether the envoy judges order recorded in Criminal Appeal No 06 of 2021 disqualify interference with the petitioner.
2 provisions across 2 enactments
Debasish Dash
Promoda Satpathy
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
