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Sandhyarani Bidyadha Vs Prasanta Bidyadhar — Maintenance and Alimony | Orissa HC (2023)

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Orissa HC
2023
Sandhyarani Bidyadha Vs Prasanta BidyadharSandhyarani Bidyadha v. Prasanta Bidyadhar

Dismissed

Sandhyarani Bidyadha v. Prasanta Bidyadhar

Orissa HC3 Apr 2023RPFAM/180/2014

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a RPFAM petition for maintenance as infructuous because the marriage between the parties had already been dissolved by a divorce decree. The court granted liberty to the petitioner to revive the petition within one month if a cause of action survives.

What did the court decide?

RPFAM disposed of as infructuous; liberty granted to revive within one month if cause of action survives.

What the court decided

AI extract

Outcome

RPFAM disposed of as infructuous; liberty granted to revive within one month if cause of action survives.

Issue for consideration

Whether the RPFAM petition for maintenance is maintainable when the marriage has already been dissolved by a decree of divorce. +1 more

Detailed headnote1 paragraphs

A Reservation Petition for an Affirmative Mandamus (RPFAM) petition for maintenance filed after the dissolution of marriage by a divorce decree is disposed of as infructuous. However, the court may stay disposal and grant liberty to the petitioner to file for revival within a specified period if any cause of action survives.

A compact analysis

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.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK RPFAM No. 180 OF 2014

Sandhyarani Bidyadhar

…. Petitioner

Ms. Debadipta Sahoo, Advocate on behalf of Mr. Amit Prasad Bose, Advocate

-versus-

Prasanta Bidyadhar

…. Opp. Party Mr. Pitambar Jena, Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

03.04.2023

This matter is taken up through hybrid mode.

Judgment dated 2^nd April, 2014 (Annexure-1) passed by learned Judge, Family Court, Keonjhar in Crl. Misc. Case No.512 of 2013 is under challenge in this RPFAM, whereby the Opposite Party has been directed to pay maintenance of Rs.500/- per month to the Petitioner from the date of filing of the application, i.e., from 9^th July, 2013.

Mr. Jena, learned counsel for the Opposite Party submits that in the meantime, the marriage between the parties has already dissolved by a decree of divorce and therefore, the RPFAM has become infructuous.

Ms. Sahoo, learned counsel being authorized by Mr. Bose, learned counsel for the Petitioner submits that she has no instruction in the matter. However, she submits that if the marriage has already been dissolved by a decree of divorce, the RPFAM may be disposed of with a liberty to the Petitioner to revive her prayer, if any case of action still survives.

Page 1 of 2

// 2 //

Accordingly, the RPFAM is disposed of as infructuous granting liberty to the Petitioner to pray for revival of the RPFAM within a period of one month, if any cause of action still survives. Urgent certified copy of this order be granted on proper application.

ms

(K.R. Mohapatra) Judge

Page 2 of 2

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the RPFAM petition for maintenance is maintainable when the marriage has already been dissolved by a decree of divorce.
2.
Whether to dispose of the RPFAM as infructuous if the marriage has dissolved.

Parties & counsel

AI extract

petitioner
Sandhyarani Bidyadhar
respondent
Prasanta Bidyadhar

Coram

AI extract

K.R. MOHAPATRA

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 3 Apr 2023 · April
Registered: 12 Dec 2014
Case no.: RPFAM/180/2014
CNR: ODHC010003192014
Topic: Maintenance and Alimony
Bench: K.r.mohapatra
Disposal: Disposed Off

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Cite this judgement

Sandhyarani Bidyadha v. Prasanta Bidyadhar, RPFAM/180/2014 (OD), decided on 3 April 2023.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

K.R. MOHAPATRA

Parties & counsel