The High Court granted leave to the petitioners to file objections in an aggrieved order regarding domestic violence maintenance and protection, remanding the matter for a fresh hearing while continuing the interim stipulations.
Petition dismissed with liberty to file objections; matter remanded to SDJM, Jeypore for rehearing.
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
CRLMC No. 742 of 2020
Talabjit Singh Bhumber and …. Petitioners others
Mr. D. Panda, Advocate
-versus-
Amrita Bhumber @ Amrita Kaur ….
Opposite Party
Ms. R. Raigharia, Advocate
CORAM: JUSTICE V. NARASINGH
ORDER
22.11.2023
Order No.
Section-18/19/21/22 & 23 of the Protection of Women from Domestic Violence Act, 2005.
“It is therefore ordered that, the Opposite Party No-1, namely Talabjit Singh Bhumber is directed to pay a sum of Rs.25,000/- (Rupees twenty five thousand) per month towards interim monetary relief for the Petitioner No.1 and sum of Rs.15,000/- (Rupees fifteen thousand) towards Nos.2 to 4 for their maintenance, till disposal of DISTRICT & SESSI petitioner Original Misc Case. At the same time the Opp. Party No.1 shall bear all the study expenditures of their minor children i.e. Petitioners Nos.2 to 4. The amount so ordered shall be paid to the Petitioner No-1, namely Mrs.
Page 1 of 4
Amrita Bhumber from the date of this order, i.e. on 22.01.2020, be payable on or before 10th of each succeeding English Calendar month, and in the event of failure on the part of Opp. Party No-1 to pay the said amount, the petitioners are at liberty to take shelter in court for the realization of the same. And, in addition to this, till disposal of the Original Misc Case;
xxx xxx xxx
It is submitted by the learned counsel for the Petitioners
Mr. Panda that admittedly in the Misc. Case No.13 of 2019, they have not been able to file their objection and hence in the interest of justice, leave be granted to file the same before the Court below And, taking into account such objection in its proper perspective the matter be heard afresh by the learned Court.
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call for any interference and relies on the following observation in the impugned order.
“xxx xxx xxx
On the other hand in spite of repeated adjournments the Opposite Parties instead of filing their written counter availed the opportunity of hearing. The learned counsel appearing on behalf of them argued the matter in their favour.
xxx xxx xxx”
the matter is remanded back to the learned Court in seisin for rehearing of the M.C. Case No.13 of 2019 taking into account the objection of the Petitioners to be filed.
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(V. NARASINGH)
Judge
Soumya
Signature Not Verified
Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 25-Nov-2023 11:15:03
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3 issues framed by the court
Whether to allow the petitioners leave to file objections after the lower court passed the order while they were present but did not file written objections.
Whether to grant remand of the maintenance application to the lower court for rehearing considering the belated objections.
How to dispose of the criminal miscellaneous application regarding the interim maintenance and protection order.
2 provisions across 2 enactments
Talabjit Singh Bhumber
Amrita Bhumber
V. NARASINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
