Disposed¶20

Bira Kishore Padhi v. Riya Jessie

Orissa HC11 Apr 2025CRLMP/373/2025

Case brief

AI extract

What is this about?

Amendment of pleadings under Order 6 Rule 17 CPC in a Section 125 CrPC maintenance proceeding; rejection of amendment application by Family Court, Balasore (Cr.P. No.99 of 2019); same amendment earlier allowed in divorce proceeding C.P. No.495 of 2022; liberty to file additional affidavit or supplementary reply; fact to be considered on merit in accordance with law; quasi-criminal proceeding; CRLMP disposed.

What did the court decide?

Petitioner at liberty to move an additional affidavit before the trial Court bringing on record the fact sought to be incorporated; such fact, if brought by supplementary reply or additional affidavit, to be considered on its merit in accordance with law. ¶20

Bira Kishore Padhi Vs Riya Jessie — Maintenance and Alimony | Orissa HC (2025)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMP No.373 of 2025 Bira Kishore Padhi …. Petitioner

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Mr. Tusar Kumar Mishra, Advocate

-versus-

Riya Jessie

…. Opp. Party

CORAM:

JUSTICE SIBO SANKAR MISHRA

Order No.

ORDER

11.04.2025

01.

1. The petitioner is aggrieved by the order dated 29.01.2025 passed by the learned Judge, Family Court, Balasore in Cr.P. No.99 of 2019, whereby his application under Order-6 Rule-17 of the C.P.C. seeking amendment has been turned down.

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2. The opposite party has initiated a proceeding under Section 125 of the Cr. P.C. against the petitioner. Under the said proceeding, the petitioner is sought amendment by moving an application under Order-6, Rule-17 of the C.P.C., which has been turned down.

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3. Learned counsel for the petitioner submits that

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Page 1 of 1

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the same amendment, which was sought by him in the divorce proceeding in C.P. No.495 of 2022, has been allowed by the same Court, i.e. the Court of the learned Judge, Family Court, Balasore. However, by way of the impugned order, exactly the same amendment sought by the petitioner has been rejected in the proceeding under Section 125 of the Cr. P.C. initiated by the opposite party.

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4. Since the proceeding under Section 125 of the Cr.P.C. is a quasi-criminal proceeding, strict procedure of pleading may not be followed. Therefore, the learned trial Court has rightly rejected the application under Order-6, Rule-17 of the C.P.C.

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5. However, rejection of the application for amendment shall not preclude the petitioner to move additional affidavit before the trial Court bringing the fact on record which was sought to be incorporated. If such fact is brought on record by way of the supplementary reply or by additional affidavit, the same shall be considered on its merit in accordance with law.

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6. With the aforementioned observation, the CRLMP is disposed of.

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(S.S. Mishra)

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Signature Not Verified Judge

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Subhasis

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Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 12-Apr-2025 15:10:16

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Bira Kishore Padhi v. Riya Jessie

Case brief

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Bira Kishore Padhi v. Riya Jessie

Case brief

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