Remanded

D.Padmini v. M.Mohan Reddy

Orissa HC24 Aug 2023WP(C)/2256/2023

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of two writ petitions filed by parties aggrieved by the Family Court's order on pendente lite maintenance. The Court remitted the matter for fresh adjudication after the parties were provided an opportunity to file asset and liability affidavits.

What did the court decide?

Matter remanded to the Family Court for fresh adjudication after filing of affidavits of assets and liabilities.

D.Padmini Vs M.Mohan Reddy — Civil Procedure and Limitation | 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. 2256 OF 2023

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D.Padmini and another

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…. Petitioners

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Mr. Alok Kumar Panda, Advocate

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-versus-

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M.Mohan Reddy …. Opp. Party

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Mr. Dhanajaya Mund, 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-3) 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. Petitioners filed an application under Section 24 of the Hindu Marriage Act, 1955 (for brevity ‘Act’) claiming pendente lite maintenance from the Opposite Party. Vide order dated 17^th November, 2022, learned Judge, Family Court disposed of the said petition under Section 24 of the Act directing the Opposite Party to pay a sum of Rs.4,000/- per moth to each of the Petitioners 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 Petitioners for enhancement of quantum of pendente lite maintenance whereas W.P.(C) No.1080 of 2023 has been filed by the Opposite Party 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)

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Judge

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s.s.satapathy

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D.Padmini v. M.Mohan Reddy

Case brief

What is this about?

What did the court decide?

D.Padmini v. M.Mohan Reddy

Case brief

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