In this recall petition, the petitioner challenged the Family Court''s maintenance quantum, arguing amounts paid under the DV Act should preclude further Section 125 CrPC liability. The High Court rejected the submission, noting the low amount awarded and the separate legal basis for the minor''s maintenance, dismissing the plea.
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. 267 of 2022
Manas Ranjan Jenamani
…. Petitioner
Mr. Arijeet Mishra, Advocate
-versus-
Elina Samal and others
…. Opp. Parties
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
01.12.2022
dated 9th September, 2022 (Annexure-1) passed by learned Judge, Family Court, Jajpur in Criminal Proceeding No.96 of 2019, whereby the Petitioner has been directed to pay maintenance Rs.500/- per month to Opposite Party No.1 and Rs.1,500/- per month to Opposite Party No.2 (minor son) from the date of application, i.e., 12th June, 2019.
Page 1 of 2
// 2 //
4.1 So far as Opposite Party No.2 (minor son) is concerned, no arrangement for payment of maintenance was made earlier to the proceeding under Section 125 Cr.P.C. Thus, an amount of Rs.1,500/- per month to the Opposite Party No.2 does not appear to be unreasonable and excessive. Hence, I find no infirmity in the impugned order.
s.s.satapathy
Page 2 of 2
2 issues framed by the court
Whether the quantum of maintenance under Section 125 CrPC requires reconsideration alongside maintenance awarded under the Protection of Women from Domestic Violence Act.
Whether the maintenance amount for a minor son is unreasonable and excessive.
2 provisions across 2 enactments
Manas Ranjan Jenamani
Elina Samal
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
