S.Babula Dora v. Sunita Dora
Case brief
What is this about?
Keywords: CRLREV; High Court of Orissa at Cuttack; R.K. Pattanaik, J.; maintenance; interim maintenance arrears; execution proceeding; DW suspension; PWDV Act; decree of dissolution CS No.629 of 2022; CMA No.12 of 2025 (setting aside ex-parte decree, pending); 1CC No.300 of 2018 (SDJM, Puri); Criminal Appeal No.12/23 of 2023 (1st Additional Sessions Judge, Puri); 25% of outstanding dues; disposal with directions. Relevant for arguments on sustaining or staying execution of maintenance orders where the marital relationship is disputed by a civil decree whose setting-aside is pending.
What did the court decide?
Revision petition disposed of with directions: petitioner to approach the court of first instance for an order under the PWDV Act resting on the decree in CS No.629 of 2022 and pay 25% of the outstanding dues payable as on the date of the decree before further execution; the application to be considered by the S.D.J.M., Puri in 1CC Case No.300 of 2018 with an order preferably within three weeks of receipt of a copy of this order; the DW issued in that case to remain suspended till then, subject to the 25% payment.