Sarmistha Barik Vs Janyan Ranjan Routray — Maintenance and Alimony | Orissa HC (2025)

Sarmistha Barik Vs Janyan Ranjan Routray — Maintenance and Alimony | Orissa HC (2025)

What the court decided

AI extract

Outcome

Execution Proceeding No.50 of 2022 along with Criminal Proceeding No.96 of 2020 transferred from the Court of the learned Judge, Family Court, Kendrapara to the Court of the learned Judge, Family Court, Bhubaneswar; Registry instructed to communicate the order to both Family Courts forthwith.

Issue for consideration

Whether the Execution Proceeding No.50 of 2022, arising out of Criminal Proceeding No.96 of 2020 (maintenance under Section 125 CrPC), should be transferred from the Court of the learned Judge, Family Court, Kendrapara to the Court of the learned Judge, Family Court, Bhubaneswar, given that the Petitioner has not been paid maintenance and both parties reside in Bhubaneswar.

Court's answer

Since the Petitioner has not been paid maintenance and both the parties are residing in Bhubaneswar, it is felt appropriate to transfer the Execution Proceeding No.50 of 2022 along with Criminal Proceeding No.96 of 2020 from the Court of the learned Judge, Family Court, Kendrapara to the Court of the learned Judge, Family Court, Bhubaneswar.

Ratio / Principle

Notice of the Court in the transfer petition sent to the Opposite Party at the Bhubaneswar address was served; therefore both parties are residing in Bhubaneswar.

Key takeaways

Both the learned Judge, Family Court, Kendrapara and the learned Judge, Family Court, Bhubaneswar are directed to act upon the communication of the order or on production of its certified copy, whichever is earlier.ratio¶26

Detailed headnote1 paragraphs

Transfer Petition (Criminal) allowed: Execution Proceeding No.50 of 2022, arising out of Criminal Proceeding No.96 of 2020 under Section 125 of the Code of Criminal Procedure, 1973 (in which the Family Court, Kendrapara had, by judgment dated 20.06.2022, directed monthly maintenance of Rs.10,000/- to the wife and Rs.7,000/- to the minor daughter from 04.09.2020, with arrears payable in equal instalments within three months), transferred from the Court of the learned Judge, Family Court, Kendrapara to the Court of the learned Judge, Family Court, Bhubaneswar. Ground: the Petitioner-wife has not been paid the maintenance and, as notice issued in the transfer petition was served at the Bhubaneswar address, both the Petitioner and the Opposite Party-husband are residing in Bhubaneswar. Notice having been served, none appeared for the Opposite Party. Both Family Courts directed to act on communication of the order or production of its certified copy, whichever is earlier; Registry to communicate the order to both Courts forthwith.

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP(CRL) No.65 of 2024

Sarmistha Barik

…. Petitioner

Mr. Bhagabat Prasad Rath, Advocate

-versus-

…. Janyan Ranjan Routray Opposite Party None

CORAM:

Order No.

03.

HON’BLE MR. JUSTICE MURAHARI SRI RAMAN ORDER 11.03.2025

This matter is taken up through Hybrid Mode.

Office Note reveals that notice issued to the Opposite Party has been served. Today, when the matter is taken up, none appears for the Opposite Party despite repeated call.

Learned counsel appearing for the Petitioner submitted that for non-payment of amount of maintenance as directed by the learned Judge, Family Court, Kendrapara, the Petitioner-wife has filed Execution Proceeding No.50 of 2022, which arises out of Criminal Proceeding No.96 of 2020 filed under Section 125 of the Code of Criminal Procedure, 1973, disposed of vide judgment dated 20.06.2022 with the following observation:

“The Petition U/s.125 of Cr.P.C. filed by the petitioners is allowed on contest against the OP. The OP is directed to pay a monthly maintenance of Rs.10,000/-(Rupees Ten Thousand) to the petitioner no.1 and Rs.7,000/(Rupees Seven Thousand) to the petitioner No.2 from the date of filling of the petition i.e., from dtd.04.09.2020 on

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the first day of each English calendar month. The arrear maintenance amount occurring till date is to be paid in equal instalments within three months hence, failing which the petitioners are at liberty to realise the same through the process of the Court.”

3.1. It is submitted by the learned counsel appearing for the Petitioner that the Petitioner-wife is residing now in Bhubaneswar, whereas the Opposite Party-husband is serving as DCP Armed, SS Battalion, Police Commissioner Office, Bhubaneswar. Therefore, he submitted that since the Petitioner as well as the Opposite Party is now residing in Bhubaneswar, if the aforesaid case is transferred to the learned Judge, Family Court, Bhubaneswar, it would be convenient for both the parties to appear before the Court concerned on each date.

3.2. He brought on record the fact that the minor daughter of the parties is pursuing her studies in Bhubaneswar.

Heard learned counsel appearing for the Petitioner.

On perusal of record, it is revealed that notice of this Court in transfer petition sent to the Opposite Party in the Bhubaneswar address got served. Therefore, both the parties are residing in Bhubaneswar.

Considered the averments and submissions advanced by learned counsel for the Petitioner. Since the Petitioner has not been paid maintenance and both the parties are residing in Bhubaneswar, it is felt appropriate to transfer the Execution Proceeding No.50 of 2022 along with Criminal Proceeding No.96 of 2020 from the Court

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of the learned Judge, Family Court, Kendrapara to the Court of the learned Judge, Family Court, Bhubaneswar.

Accordingly, the Execution Proceeding No.50 of 2022 along with Criminal Proceeding No.96 of 2020 is directed to be transferred to the Court of the learned Judge, Family Court, Bhubaneswar.

Both the learned Judge, Family Court, Kendrapara and the learned Judge, Family Court, Bhubaneswar are directed to act upon the communication of this order or on production of certified copy of this order before them, whichever is earlier.

With the aforesaid observation, the TRP(CRL) stands disposed of being allowed.

Registry is instructed to communicate the said order to the Court of the learned Judge, Family Court, Kendrapara as well as the learned Judge, Family Court, Bhubaneswar forthwith.

(M.S. Raman) Judge

Laxmikant

Signature Not Verified

Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 11-Mar-2025 17:55:52

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