Disposed¶30

Subrat Pradhan v. Angurubala Jena

Orissa HC29 Apr 2026RPFAM/354/2025

Case brief

AI extract

What is this about?

Maintenance under section 125 Cr.P.C.; money decree doctrine (Rajnesh v. Neha, (2021) 2 SCC 324); condonation of delay of 148 days (I.A. No.528 of 2025); withdrawal and disposal of revision petition RPFAM No.354 of 2025; Family Court Jajpur judgment dated 17.02.2025 in Criminal Proceeding No. 07 of 2023; Criminal Execution case No.84 of 2025; affidavit to secure arrears of ₹1,50,000/-.

What did the court decide?

No substantive relief; the revision petition was disposed of at the petitioner's request to withdraw, and no decision on the condonation of delay (I.A. No.528 of 2025) is recorded in this order. ¶30

Subrat Pradhan Vs Angurubala Jena — Maintenance and Alimony | Orissa HC (2026)

What the court decided

AI extract

Outcome

No substantive relief; the revision petition was disposed of at the petitioner's request to withdraw, and no decision on the condonation of delay (I.A. No.528 of 2025) is recorded in this order.

¶30

Issue for consideration

Whether the delay of 148 days in filing the revision application should be condoned (I.A. No.528 of 2025). +1 more

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Ratio / Principle

The revision petition is disposed of, the petitioner having filed a memo stating that he wants to withdraw the case.

¶30

Key takeaways

Copy of this order shall be forwarded to the learned Judge, Family Court, Jajpur to be kept in the records of Criminal Proceeding No.07 of 2023.obiter¶31
As the section 125 Cr.P.C. maintenance grant is in the nature of a money decree (per Rajnesh v. Neha), a petitioner challenging it must file an affidavit indicating how he will secure the amount; total dues were computed at ₹1,50,000/-. This direction was left unresolved as the petition was subsequently withdrawn.obiter¶24

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Mruganka Sekhar Sahoo, J.), order dated 29.04.2026 in RPFAM No.354 of 2025 — Subrat Pradhan v. Angurubala Jena and others: the husband's revision petition against the judgment dated 17.02.2025 of the Judge, Family Court, Jajpur in Criminal Proceeding No. 07 of 2023 (which granted the wife ₹3,000/- per month and each of two minor children ₹1,000/- per month under section 125 Cr.P.C.) was disposed of after the petitioner filed a memo stating that he wants to withdraw the case. An earlier order of 16.03.2026, reproduced herein, relying on Rajnesh v. Neha, AIR 2021 SC 569 : 2020 INSC 631 : (2021) 2 SCC 324, had held the maintenance grant to be 'in the nature of a money decree', computed total dues at ₹1,50,000/- and directed an affidavit by 30.03.2026 indicating how the petitioner would secure the amount; the I.A. No.528 of 2025 seeking condonation of a 148-day filing delay was not decided. Copy of the order was directed to be forwarded to the Family Court, Jajpur for the records of the proceeding, out of which Criminal Execution case No.84 of 2025 has been filed.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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RPFAM No.354 of 2025

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Subrat Pradhan

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…. Petitioner

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Mr. Om Prakash Sahu, Advocate Along with Ms. D. Mohapatra, Advocate

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-versus-

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Angurubala Jena and others

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…. Opp. Parties

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CORAM:

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JUSTICE MRUGANKA SEKHAR SAHOO

ORDER

29.04.2026

( Hybrid Mode )

Order No.

05. 1 . On 16.03.2026, the matter was heard and the following order was passed:

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“I.A. No.528 of 2025

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I.A. has been filed seeking condonation of delay of 148 days in filing the revision application.

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2. Learned counsel for the opposite party submits that the petitioner has chosen to remain in default of the amount directed to be paid.

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The petitioner-husband in the marriage has approached this Court challenging the judgment dated 17.02.2025 passed by the learned Judge, Family Court, Jajpur in Criminal Proceeding No. 07 of 2023.

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3. The Proceeding was initiated by the wife in the marriage and two minor children; boy aged about 11 years and girl aged about 8 years seeking maintenance; ₹10,000/- for the wife in the marriage and ₹5,000/- per month for each of

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Page 1 of 3

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the child. The C.P. was favoured, however, granting ₹3,000/- for the wife and ₹1,000/- for each of the child.

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4. It is submitted by learned counsel for the petitioner that the petitioner met with an accident and suffered injury. He has lost employment. Apparently the petitioner chose not to examine himself as witness before the learned trial court nor did he produce any document before the learned trial court during pendency of the petition wherein the notice on him being sufficient he was appearing.

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5. In view of the judgment of the Hon’ble Apex Court in Rajnesh v. Neha , reported in AIR 2021 SC 569 : 2020 INSC 631 : (2021) 2 SCC 324 , the amount granted by the Court under the provisions of section 125 Cr.P.C. is in the nature of a money decree. Since the petitioner wants to challenge the same, he has to file affidavit indicating how he will secure the amount. Total amount due till date coming to ₹1,50,000/-. Instruction shall be obtained and affidavit shall be filed by 30.03.2026.

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6. The matter shall be listed for orders in the week”

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2. On 07.04.2026, the matter was adjourned at the instance of the learned counsel for the petitioner. Today, the matter being in the list is mentioned at the beginning of the day’s proceeding and memo of date on behalf of the petitioner is filed by the learned counsel which states thus:

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“Petitioner is wants to withdraw this case so it may kindly be withdrawn.” ( sic )

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3. As the matter is mentioned at the beginning of the day’s proceeding, no one is present on behalf of the Opp. Parties.

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Page 2 of 3

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4. Accordingly, the petition is disposed of.

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Copy of this order shall be forwarded to the learned Judge, Family Court, Jajpur to be kept in the records of Criminal Proceeding No.07 of 2023 disposed of on 17.02.2025 out of which Criminal Execution case No.84 of 2025 has been filed.

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(Mruganka Sekhar Sahoo) Judge

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Radha

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Signature Not Verified

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Digitally Signed Signed by: RADHARANI JENA Reason: Authentication Location: OHC Date: 02-May-2026 12:26:39

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Page 3 of 3

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment dated 17.02.2025 of the learned Judge, Family Court, Jajpur in Criminal Proceeding No. 07 of 2023, granting maintenance of ₹3,000/- per month to the wife and ₹1,000/- per month to each minor child, challenged by the petitioner-husband.¶19
Judge, Family Court, Jajpur · 17.02.2025
Prior proceeding
Criminal Proceeding No. 07 of 2023 was initiated by the wife in the marriage and two minor children (boy aged about 11 years, girl aged about 8 years) seeking maintenance.¶20
Prior proceeding
Maintenance sought: ₹10,000/- per month for the wife and ₹5,000/- per month for each child.¶20
Prior proceeding
Family Court, Jajpur favoured the proceeding, granting ₹3,000/- per month for the wife and ₹1,000/- per month for each child.¶22
Prior proceeding
Learned counsel for the opposite party submitted that the petitioner had chosen to remain in default of the amount directed to be paid.¶18
Prior proceeding
Learned counsel for the petitioner submitted that the petitioner met with an accident, suffered injury and lost employment.¶23
Prior proceeding
Per counsel's submission, the petitioner neither examined himself as witness nor produced any document before the learned trial court during pendency, notice on him being sufficient and him appearing.¶23
Prior proceeding
I.A. No.528 of 2025 was filed in connection with the revision application.¶16
Prior proceeding
The I.A. sought condonation of delay of 148 days in filing the revision application.¶17
Prior proceeding
On 16.03.2026 the matter was heard and an interim order was passed by this Court.¶15
Prior proceeding
Interim order of 16.03.2026: treating the section 125 Cr.P.C. maintenance grant as a money decree (per Rajnesh v. Neha), the Court required the petitioner to file an affidavit indicating how he would secure the amount, computing total dues at ₹1,50,000/-, the affidavit to be filed by 30.03.2026.¶24
Prior proceeding
On 07.04.2026 the matter was adjourned at the instance of the learned counsel for the petitioner.¶26
Prior proceeding
A memo of date was filed on behalf of the petitioner stating that the petitioner wants to withdraw the case.¶27
Prior proceeding
Criminal Execution case No.84 of 2025 has been filed out of Criminal Proceeding No.07 of 2023, which was disposed of on 17.02.2025.¶31

Subrat Pradhan v. Angurubala Jena

Case brief

What is this about?

What did the court decide?

Subrat Pradhan v. Angurubala Jena

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

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