Disposed

Swapna Pati v. Dillip Ku.Pati

Orissa HC12 May 2022RPFAM/77/2018

Case brief

AI extract

What is this about?

The High Court clarified that the husband must continue paying Rs. 10,000/month to the wife but the son's maintenance award ceases from March 2021 when he attained majority. The family court's original order regarding the quantum is not interfered with, though an interim order is vacated.

What did the court decide?

Clarified that wife gets Rs. 10,000/month as per impugned order; son's maintenance ends from March 2021. Vacated interim order of 5 February 2019.

Swapna Pati Vs Dillip Ku.Pati — Child Custody and Guardianship | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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RPFAM No. 77 OF 2018

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Swapna Pati and another Petitioners

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Mr. A Pattnaik, Advocate

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-versus-

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Dillip Kumar Pati

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…. Opp. Party

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Mr. B.C. Panda, Advocate

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CORAM:

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JUSTICE K.R. MOHAPATRA

ORDER

Order No.

12.05.2022

RPFAM No. 77 OF 2018 & RPFAM No.39 of 2018

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This matter is taken up through hybrid mode.

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Both the RPFAMs have been filed assailing the order dated 20^th December, 2017 passed in Criminal Proceeding No.713 of 2012, whereby learned Judge, Family Court, Kendrapara directed Dillip Kumar Pati (for convenience referred to as ‘Husband’) to pay maintenance of Rs. 10,000/- per month to Swapna Pati (for convenience referred to as ‘Wife’) and Rs. 3000/- per month to Gyana Ranjan Pati (for convenience referred to as ‘Son’) with effect from the date of application i.e. from 16^th October, 2012.

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RPFAM No.77 of 2018 has been filed by the Wife and Son for enhancement of the amount of maintenance and RPFAM No.39 of 2018 has been filed by the Husband to reduce the quantum of maintenance.

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Learned counsel for both the parties submit that Gyana Ranjan Pati (son) has already become a major since March, 2021.

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Hence, he is not entitled to any maintenance thereafter. Learned counsel for the parties submits that the maintenance awarded in favour of the wife should be maintained.

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In that view of the matter, both the RPFAMs are disposed of without interfering with the impugned order with a clarification that the husband shall go on paying a sum of Rs.10,000/- (Rupees ten thousand) per month to the wife, namely, Swapna Pati as directed in the impugned order and the award of maintenance in favour of Gyana Ranjan Pati (Son) shall come to an end from the date of his attaining majority i.e. with effect from March, 2021.

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The interim order dated 5^th February, 2019 stands vacated.

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(K.R. Mohapatra) Judge

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Swapna Pati v. Dillip Ku.Pati

Case brief

What is this about?

What did the court decide?

Swapna Pati v. Dillip Ku.Pati

Case brief

What is this about?

What did the court decide?

What the court decided

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