Partly allowed

Minati Kumari Pradhan v. Jiten Kumar Dalai

Orissa HC8 Jan 2024CRLMP/1732/2023

Case brief

AI extract

What is this about?

High Court of Orissa allowed the petitioner's application in part, directing the respondent-husband to pay interim maintenance of Rs. 8,000 per month from the date of filing the appeal (12.05.2022) based on the cited Supreme Court precedent, without interfering with the original quantum.

What did the court decide?

Order allowed in part; respondent directed to pay interim maintenance of Rs. 8,000 per month from 12.05.2022.

Minati Kumari Pradhan Vs Jiten Kumar Dalai — Maintenance and Alimony | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMP No. 1732 of 2023

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Minati Kumari Pradhan & another …. Petitioners

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Soumya Mishra, Advocate

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-versus-

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Jiten Kumar Dalai

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…. Opp. Party

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CORAM: JUSTICE CHITTARANJAN DASH

ORDER

Order No.

08.01.2024

Heard learned counsel for the Petitioners.

¶14

The Petitioners have filed this application challenging the order of interim maintenance dated 15.07.2023 passed by the learned Judge, Family Court, Bhubaneswar in C.R.P. No.54 of 2018.

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The background facts of the case are that the present Petitioners are respectively the wife and daughter of the Opposite Party. They have filed C.R.P. No.54 of 2018 u/s. 125, Cr.P.C. before the Judge, Family Court, Bhubaneswar praying for grant of maintenance, whereupon the learned Judge, Family Court directed the Opposite Party-husband to pay a sum of Rs.8,000/- (Rs.5000 to the wife-Petitioner No.1 and Rs.3000/to daughter-Petitioner No.2) towards interim maintenance from the date of passing of the order, i.e. 15.07.2023.

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Page 1 of 2

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In course of the hearing of the application, the learned counsel for the Petitioners submitted that the interim maintenance granted by the learned Judge, Family Court, Bhubaneswar is in the lower side which may be enhanced and he further submitted that the same may be directed to be paid by the Opposite Party-husband from the date of filing of the application, i.e. from 12.05.2022 instead of the date of passing of the order.

¶19

Keeping in view the submission made by the learned counsel for the Petitioners and in view of the ratio decided by the Apex Court in the case of Rajnesh vs. Neha & Another, (2021) 2 SCC 324 , without going into the merit of the case, this court while not interfering with the impugned order with regard to the quantum of the maintenance, directs the Opposite Partyhusband to pay the interim maintenance to the Petitioners @ Rs.8000/- (Rupees Eight Thousand) per month to be calculated from the date of filing of the application, i.e. from 12.05.2022. Other terms and conditions mentioned in the order passed by the learned Judge, Family Court, Bhubaneswar dated 15.07.2023 stand unaltered.

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The CRLMP is allowed in part.

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(Chittaranjan Dash)

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Judge

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S.K. Parida Signature Not Verified

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Digitally Signed Signed by: SAMIR KUMAR PARIDA Designation: ADR-cum-ADDL. PRINCIPAL SECRETARY Reason: Authentic Copy Location: ORISSA HIGH COURT, CUTTACK Date: 09-Jan-2024 19:40:01

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Minati Kumari Pradhan v. Jiten Kumar Dalai

Case brief

What is this about?

What did the court decide?

Minati Kumari Pradhan v. Jiten Kumar Dalai

Case brief

What is this about?

What did the court decide?

What the court decided

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