Disposed¶19

Narendra Kumar Kamila v. Rekha Sahoo

Orissa HC22 Aug 2025CRLMP/664/2024

Case brief

AI extract

What is this about?

Narendra Kumar Kamila v. Rekha Sahoo, CRLMP No.664 of 2024, High Court of Orissa at Cuttack, Justice Chittaranjan Dash, order dated 22.08.2025. Quashing petition against Family Court-II, Bhubaneswar interim maintenance order (CRP No.71 of 2022, order dated 19.02.2024) disposed of with modification: interim maintenance reduced from Rs.15,000/- to Rs.10,000/- per month, payable by the 5th of every month till completion of the main application; 50% arrears (Rs.7,500/-) reported deposited; final maintenance assessment left to trial court. No statute or precedent cited.

What did the court decide?

Interim maintenance reduced from Rs.15,000/- to Rs.10,000/- per month, effective from the current month and payable by the 5th of every successive month till completion of the main application; with this modification the CRLMP stands disposed of.

Narendra Kumar Kamila Vs Rekha Sahoo — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the interim maintenance of Rs.15,000/- per month granted by the Family Court-II, Bhubaneswar in CRP No.71 of 2022 is excessive and should be modified pending final assessment of maintenance by the trial court.

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Court's answer

The interim maintenance of Rs.15,000/- per month fixed by the Family Court appears to be on the higher side and is modified: the Petitioner shall pay Rs.10,000/- per month as interim maintenance instead of Rs.15,000/- till completion of the main application.

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Ratio / Principle

The modified interim maintenance of Rs.10,000/- takes effect from the current month and shall be paid by the 5th of every successive month regularly until completion of the main application.

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Key takeaways

Assessment of the final maintenance is left to the learned trial court, which will deal with the matter on merits; this Court modifies only the interim award.ratio¶17

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Chittaranjan Dash, J.), order dated 22.08.2025 in CRLMP No.664 of 2024 — Narendra Kumar Kamila (husband) had sought quashing of the order dated 19.02.2024 of the Judge, Family Court-II, Bhubaneswar in CRP No.71 of 2022, whereby his wife Rekha Sahoo was awarded interim maintenance of Rs.15,000/- per month with effect from 12.04.2022. Holding that the interim award appeared to be on the higher side and that the parties' exact incomes could be thrashed out by the trial court on merits, the Court modified the interim maintenance to Rs.10,000/- per month, effective from the current month and payable by the 5th of every successive month regularly till completion of the main application, leaving assessment of final maintenance to the trial court. Counsel for the Petitioner stated that 50% of the arrears (Rs.7,500/-) had already been deposited. With the above modification, the CRLMP stood disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMP No.664 of 2024

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Narendra Kumar Kamila …. Petitioner Mr. P.K. Jena, Advocate

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-versus-

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Rekha Sahoo

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…. Opp. Party Mr. N. N. Mohapatra, Advocate

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CORAM:

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THE HON’BLE MR. JUSTICE CHITTARANJAN DASH

Order No.

ORDER 22.08.2025

Heard learned counsel for the parties.

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By means of this application, the Petitioner seeks to quash the order dated 19.02.2024 passed by the learned Judge, Family Court-II, Bhubaneswar in CRP No.71 of 2022 under Annexure-1.

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The background facts of the case are that the Opposite Party wife filed CRP No.71 of 2022 before the learned Judge, Family Court-II, Bhubaneswar praying for interim maintenance of Rs.15,000/- per month for which the learned court granted to be paid by the Petitioner husband with effect from 12.04.2022.

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Keeping in view the submission made by the learned counsel for the parties with respect to the fact that the parties are engaged in their respect professions and are earning for their livelihood. The exact income of both the parties can be thrashed where the learned trial court shall deal with the matter in merit. In the interim award of interim maintenance to the tune of Rs.15,000/- is already to be higher side as submitted by the

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learned counsel for the Petitioner whereas the learned counsel for the Opposite Party with the allegation that the Opposite Party wife is also having higher qualification and is about to maintain her livelihood and is not entitled to interim maintenance and for the reason that she has simply being taken as maximum income from the remuneration would be amount Rs.5,000/-.

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Be that as it may, the matter with regard to the assessment of the final maintenance will be taken care of by the learned trial court and the final verdict by the CRP as interim maintenance is concerned the amount of Rs.15,000/-. Keeping in view the circumstances of the case appears to be in the higher side which is to be modified herein. The Petitioner shall be paid Rs.10,000/- as interim maintenance instead of Rs.15,000/- till completion of the main application.

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Learned counsel for the Petitioner Mr. Jena submits that the 50% of the arrear interim maintenance has already been deposited, i.e. Rs.7,500/-. As far as the amount of Rs.10,000/- as is fixed herein upon modification of the learned Judge, Family Court-II, Bhubaneswar shall be effective from this month and the same shall be paid by 5^th of every successive month regularly.

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With the above modification, the CRLMP stands disposed of.

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(Chittaranjan Dash)

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Signature Not Verified Judge

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Digitally Signed Signed by: KRUSHNA CHANDRA BISOI Reason: Authentication KC Bisoi Location: orissa high court Date: 26-Aug-2025 11:31:10

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Page 2 of 2

Narendra Kumar Kamila v. Rekha Sahoo

Case brief

What is this about?

What did the court decide?

Narendra Kumar Kamila v. Rekha Sahoo

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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