The High Court of Orissa dismissed a writ petition challenging an order directing the petitioner to pay pendente lite maintenance to the respondent under Section 24 of the Hindu Marriage Act, 1955.
The writ petition was dismissed; the order dated 14th February, 2023 directing payment of Rs.20,000 per month as pendente lite maintenance was upheld.
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.
Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK IN THE HIGH COURT OF ORISSA AT CUTTACK Date: 10-Nov-2023 10:33:08
W.P.(C). NO.11360 OF 2023
Sitikantha Sahoo …. Petitioner
Mr. jayadeba Behera, Advocate
-versus-
Bichismita Sahoo …. Opp. Party
CORAM: JUSTICE K.R. MOHAPATRA
ORDER
Order No.
09.11.2023
learned Judge, Family Court, Nayagarh in IA No.40 of 2022 (arising out of CP NO.81 of 2022) is under challenge in this writ petition, whereby entertaining an application under Section 24 of the Hindu Marriage Act, 1955 (For brevity ‘the Act’), the Petitioner has been directed to pay Rs.20,000/- per month as pendente lite maintenance to the Opposite Party from the date of the application, i.e., from 22nd December, 2022 along with litigation cost of Rs.10,000/-.
Page 1 of 2
// 2 //
Signature Not Verified
Digitally Signed Signed by: ROJALIN NAYAK Reason: Authentication Location: HIGH COURT OF ORISSA, Date: 10-Nov-2023 10:33:08 PetCUCU TTACKitioner to pay
PetCUCU TTACKitioner to pay pendente lite maintenance of Rs.20,000/- per month. Hence, this writ petition has been filed.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra)
Judge
Rojalin
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2 issues framed by the court
Whether the principle of res judicata applies to maintain an application for pendente lite maintenance under Section 24 of the Hindu Marriage Act when a maintenance application under Section 12 of the
Whether the direction to pay Rs.20,000 per month as pendente lite maintenance was excessive given the petitioner's salary and the respondent's lack of independent income.
2 provisions across 2 enactments
Sitikantha Sahoo
Bichismita Sahoo
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
