Disposed

M. Mohan Reddy v. D. Padmini

Orissa HC24 Aug 2023WP(C)/1080/2023

Case brief

AI extract

What is this about?

This Court disposed of two writ petitions challenging an order on pendente lite maintenance. Without expressing an opinion on merits, the Court remanded the matter to the Family Court for fresh adjudication, directed parties to submit affidavits of assets and liabilities, and ordered early disposal.

What did the court decide?

Remand of the matter to the Family Court for fresh adjudication of pendente lite maintenance along with directions to file affidavits of assets and liabilities.

M. Mohan Reddy Vs D. Padmini — Maintenance and Alimony | Orissa HC (2023)

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Signature Not Verified

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Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 24-Aug-2023 18:55:11

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) NO. 1080 OF 2023

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M.Mohan Reddy

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…. Petitioner

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Mr. Dhanajaya Mund, Advocate

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-versus-

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D.Padmini and another

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…. Opp. Parties

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Mr. Alok Kumar Panda, Advocate

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CORAM: JUSTICE K.R. MOHAPATRA

ORDER

Order No.

24.08.2023

W.P.(C) NO. 2256 OF 2023 & W.P.(C) NO. 1080 OF 2023

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This matter is taken up through hybrid mode.

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Both the writ petitions have been filed assailing the order dated 17^th November, 2022 (Annexure-4) passed by learned Judge, Family Court, Berhampur in CMC No.18 of 2021 (arising out CP No.145 of 2020).

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For the sake of convenience of discussion, parties are described as per their status before learned Judge, Family Court. 4. Opposite Parties filed an application under Section 24 of the Hindu Marriage Act, 1955 (for brevity ‘Act’) claiming pendente lite maintenance from the Petitioner. Vide order dated 17^th November, 2022, learned Judge, Family Court disposed of the said petition under Section 24 of the Act directing the Petitioner to pay a sum of Rs.4,000/- per moth to each of the Opposite Parties as pendente lite maintenance from the date of filing such application, i.e., 16^th September, 2021 till disposal of the Civil Proceeding.

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Page 1 of 2

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// 2 //

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Signature Not Verified

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Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 24-Aug-2023 18:55:11

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W.P.(C) No.2256 of 2023 has been filed by the Opposite Parties for enhancement of quantum of pendente lite maintenance whereas W.P.(C) No.1080 of 2023 has been filed by the Petitioner assailing the quantum of pendente lite maintenance and his liability to pay the same.

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It appears that both the parties are not satisfied with the order impugned herein and they pray to remit the matter to learned Judge, Family Court for fresh adjudication of the petition under Section 24 of the Act.

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In view of the above, this Court, without expressing any opinion on the merits of either of the parties, disposes of both the writ petition with a direction to learned Judge, Family Court, Berhampur to adjudicate CMC No.18 of 2021 (arising out of CP No.145 of 2020) afresh giving opportunity of hearing to the parties concerned and also to give opportunity to both parties to file affidavit of assets and liabilities. Learned Judge, Family Court shall also make an endeavour for early disposal of the CP. Both parties are directed to cooperate learned Judge, Family Court, Berhampur for early disposal of the petition under Section 24 of the Act as well as the Civil Proceeding.

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Issue urgent certified copy of the order on proper application.

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(K.R. Mohapatra) Judge

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s.s.satapathy

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M. Mohan Reddy v. D. Padmini

Case brief

What is this about?

What did the court decide?

M. Mohan Reddy v. D. Padmini

Case brief

What is this about?

What did the court decide?

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