The Family Court dismissed an appeal seeking to quash an order directing the petitioner-advocate to pay maintenance. The High Court upheld the award, noting the petitioner failed to adduce evidence of his income despite claiming dependency.
Vacation of interim order dated 1st August 2022; RPFAM dismissed.
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
RPFAM No.126 of 2022
Rajendra Kumar Das
Petitioner
Mr. Arun Kumar Das, Advocate
-versus-
Krishna Naik
…. Opp. Party Mr. Santosh Kumar Dwivedy, Advocate On behalf of Mr. P.R. Singh, Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
Order No.
ORDER
28.09.2022
the marriage between the parties is not disputed. He is a practicing Lawyer of Dhenkanal district Bar Association. He commenced his practice in the year 2016 and is still continuing as a junior in the office of Sri Omprakash Saran, Senior member of the Bar. He has no definite income. He only depends on his senior to maintain his livelihood. It is also submitted that as he has no sufficient income from practice his father helps him for sustenance. Learned Judge, Family Court,
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without considering this material aspect passed the impugned order. Hence, the same requires reconsideration.
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Advocate. Thus, taking into consideration the above, I find no infirmity in the impugned order.
Issue urgent certified copy of the order on proper application.
s.s.satapathy
(K.R. Mohapatra)
Judge
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3 issues framed by the court
Whether the Family Court erred in awarding maintenance without adducing specific evidence of the petitioner's income.
Whether the petitioner's status as an advocate with insufficient income is a valid ground to quash the maintenance order.
Whether the appellant has adduced sufficient evidence regarding his financial dependency on his senior and father to avoid maintenance liability.
Rajendra Kumar Das
Krishna Naik
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
