Rashmi Ranjan Swain Vs Manaswini Jena@Swain

This Criminal Revision has been filed assailing the judgment dated 17.11.2025 passed by the learned Additional Sessions Judge, Bhadrak, in Criminal Appeal No. 14 of 2025 whereby the maintenance amount awarded by the learned JMFC-II (Cog. Taking), Bhadrak in D.V. Misc. Case No.64 of 2023 was enhanced.

It is apt to note that in D.V. Misc. Case No.64 of 2023, the present Petitioner No.1 was arrayed as Opposite Party No.1, Biswaranjan Swain- Petitioner No.2 who is the elder brother of Petitioner No.1, was arrayed

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as Opposite Party No.2 and Manjubala Swain (mother-inlaw)- Petitioner No.3 was cited as Opposite Party No.3.

It is not disputed that D.V. Appeal No.13 of 2025 has been preferred by the husband, namely, Rasmi Ranjan Swain, who is the present Petitioner No.1 in the present revision and D.V. Criminal Appeal No.9 of 2025 has been filed by Petitioner No.2(Biswa Ranjan Swain) hereinabove. Both the appeals are pending on the file of the learned District and Sessions Judge, Bhadrak. Assailing the order dated 20.01.2025 passed by learned JMFC-II (Cog. Taking), Bhadrak in D.V. Misc. Case No.64 of 2023.

It is the submission of the learned counsel for the Petitioners that notwithstanding the pendency of such appeals questioning the legality of the order dated 20.01.2025 passed in D.V. Misc. Case No.64 of 2023, the impugned judgment passed in Criminal Appeal No.14 of 2025 preferred at the instance of the wife has caused serious prejudice and in fact rendered the Criminal Appeal Nos. 13 and 9 of 2025 filed by the husband as well as the brother-in-law the aggrieved person otiose.

And in such background learned counsel for the Petitioners seeks interference by this Court in exercise of its revisioinal jurisdiction.

Per contra, the learned counsel appearing for the aggrieved person submits that there is no illegality in the order so passed and more so taking in the backdrop of

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the benevolent provisions of the D.V. Act. Hence, no interference is called for.

It is his further submission that the very fact that the husband as well as the brother-in-law have filed separate appeals goes to show that somehow or other, they do not want the implementation of the order learned JMFC-II (Cog. Taking), Bhadrak on some pretext of the others.

On consideration of the rival submission, this Court is persuaded to hold that the order passed by the learned Additional Sessions Judge in Criminal Appeal No.14 of 2025 relating to order dated 20.01.2025 in D.V. Misc. Case No.64 while the very order is the subject matter of challenging in D.V. Appeal Nos.13 and 9 of 2025 undertaking causes prejudice to the Petitioners and on such sole ground the same is liable to be set aside.

Accordingly, the said order is set aside and the matter is remanded back to the learned Court in seisin. 10. Learned District and Sessions Judge is called upon to ensure that the D.V. Appeal Nos.9,13 as well as 14 of 2025 are taken up for disposal together. To cut short the delay, the parties are called upon to appear before the concerned Court on 03.08.2026.

This Court is assured by the learned counsel appearing for the parties that they will co-operate in the timely disposal of the appeals.

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It is needless to state here that this Court has not expressed any opinion regarding the merits of the order passed by the learned Additional Sessions Judge, Bhadrak in Criminal Appeal Nos.14 of 2025 enhancing the maintenance. The same has to be decided afresh.

There is no embargo for aggrieved person to move appropriate application seeking payment of the amount as directed by the Court of first instance till disposal of the appeals.

In the event such an application is filed, this Court has no iota of doubt that the same shall be decided in accordance with law.