Partly allowed¶21

Sanjeeb Kumar Mallick v. State of Odisha

Orissa HC9 Jan 2024CRLMP/437/2023

Case brief

AI extract

What is this about?

Orissa HC, Cuttack; CRLMP 437/2023; Justice Chittaranjan Dash; 09.01.2024; interim maintenance reduction Rs.10,000 to Rs.8,000 per month; Execution Case 03/2022; Civil Judge (Sr. Div.) Athagarh; MAT Case 287/2017; Section 28A Hindu Marriage Act 1955; Order XXI Rule 10 CPC; arrears in three monthly installments by 10th; allowed in part; husband-petitioner Sanjeeb Kumar Mallick vs State of Odisha.

What did the court decide?

Interim maintenance reduced from Rs.10,000 to Rs.8,000 per month payable to the Opposite Party-wife from the date of the application; arrears of unpaid interim maintenance to be paid in three equal monthly installments once in each month by the 10th of every succeeding month; remaining conditions of the learned court below left unaltered. ¶21

Sanjeeb Kumar Mallick Vs State of Odisha — Matrimonial and Divorce | Orissa HC (2024)

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether the quantum of interim maintenance fixed at Rs.10,000 per month against the Petitioner-husband should be reduced, given his stated inability to pay, and on what terms the unpaid arrears should be recovered.

¶19

Court's answer

Without going into the merits, and while not interfering with the impugned order otherwise, this Court reduced the quantum of interim maintenance from Rs.10,000 to Rs.8,000 (rupees eight thousand) per month and directed the Petitioner-husband to pay that sum to the Opposite Party-wife from the date of the application.

¶20

Ratio / Principle

The arrear amount of unpaid interim maintenance shall be paid by the Petitioner to the Opposite Party-wife in three equal monthly installments, once in each month by the 10th of every succeeding month.

¶20

Key takeaways

All other conditions contained in the direction passed by the learned court below stand unaltered.ratio¶20

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Justice Chittaranjan Dash), CRLMP No. 437 of 2023, decided 09.01.2024: The Petitioner-husband challenged the order of interim maintenance dated 22.11.2022 of the learned Civil Judge (Sr. Division), Athagarh passed in Execution Case No.03 of 2022 (filed by the wife U/s 28A of the Hindu Marriage Act, 1955 read with Order XXI Rule 10 CPC, arising out of MAT Case No.287 of 2017, seeking execution of the order dated 18.05.2019 and arrear maintenance from 23.10.2017 to 20.05.2022), under which he had been directed to pay interim maintenance of Rs.10,000 per month. Counsel sought a reduction to Rs.8,000 per month citing inability to pay. Without going into the merits and while not interfering with the impugned order otherwise, the Court reduced the interim maintenance to Rs.8,000 per month payable from the date of the application, directed payment of unpaid arrears in three equal monthly installments once in each month by the 10th of every succeeding month, and left the rest of the court below's conditions unaltered. The CRLMP was allowed in part.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMP No. 437 of 2023

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Sanjeeb Kumar Mallick

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…. Petitioner

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Mr. Byomakesh Tripathy, Advocate

¶6

-versus-

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State of Odisha & another

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…. Opp. Parties

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CORAM: JUSTICE CHITTARANJAN DASH

ORDER

Order No.

09.01.2024

Heard learned counsel for the Petitioner.

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The Petitioner has filed this application challenging the order of interim maintenance dated 22.11.2022 passed by the learned Civil Judge (Sr. Division), Athagarh in Execution Case No.03 of 2022 arising out of MAT Case No.287 of 2017.

¶16

The background facts of the case are that the present Petitioner is the husband of the Opposite Party No.2. The Opp.Party-wife filed the aforesaid Execution Case No.03 of 2022 U/s 28A of the Hindu Marriage Act, 1955 read with Order XXI Rule 10 of the C.P.C. for execution of the order dated 18.05.2019 passed in MAT Case No.287 of 2017 and for realization of arrear maintenance from 23.10.2017 to 20.05.2022, whereupon the learned court directed the Petitioner-husband to pay a sum of Rs.10,000 (ten thousand) per month to the Opp.Party-wife towards interim maintenance.

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Page 1 of 2

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// 2 //

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In course of the hearing in the application, the learned counsel for the Petitioner submitted to reduce the amount of the interim maintenance from Rs.10,000/- to Rs.8,000/- per month as it would not be possible on the part of the Petitioner to pay.

¶20

In view of the submissions, the facts and circumstances without going to the merit of the case, this court while not interfering with the impugned order, reduced the quantum of interim maintenance from Rs.10,000/ to Rs.8,000/- (rupees eight thousand) per month and accordingly directs the Petitioner-husband to pay a sum of Rs.8,000/- (Rupees eight thousand) per month to the Opposite Party-wife from the date of the application. It is further directed that the arrear amount of unpaid interim maintenance shall be paid by the Petitioner to the Opposite Party-wife in three equal monthly installments once in each month by 10^th of every succeeding month. Rest of the conditions mentioned in the direction passed by the learned court below stands unaltered.

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6. The CRLMP is allowed in part.

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(Chittaranjan Dash)

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Judge

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S.K. Parida

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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: 10-Jan-2024 19:39:53

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Sanjeeb Kumar Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sanjeeb Kumar Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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