Arati Sahoo vs Dinesh Ranjan Sahoo

K.R. Mohapatra, J

RPFAM Nos. 254 & 280 OF 2017

This matter is taken up through hybrid mode.

Both the RPFAMs have been filed assailing the order dated 16th August, 2017 passed by learned Judge, Family Court, Bhubaneswar in C.R.P. No.209 of 2015, whereby allowing an application, interim maintenance of Rs.3,500/- per month has been directed to be paid by the husband to the wife from the date of filing of the application, i.e., from 1st July, 2017 along with litigation expenses of Rs.2,000/-.

RPFAM No.254 of 2017 has been filed by the wife for enhancement of the quantum of interim maintenance.

RPFAM No.280 of 2017 has been filed by the husband to set aside the order impugned herein.

For convenience of discussion, the parties are described as per their status before learned Judge, Family Court, Bhubaneswar.

The Petitioner-Wife filed an application under Section 125 Cr.P.C. in C.R.P. No.209 of 2015 praying for a direction to the Opposite Party-Husband to pay maintenance. Along with the application under Section 125 Cr.P.C., an interim application was also filed. Considering the materials on record, learned Judge, Family Court, Bhubaneswar directed to pay the interim maintenance as stated above along with litigation expenses.

Mr. Pradhan, learned counsel for the Petitioner-Wife submits that admittedly, the Opposite Party is the owner of a guest house near Railway Station, Bhubaneswar and is earning Rs.2,28,000/- per month. Without considering the same, a meager amount of Rs.3,500/- per month has been directed to be paid as interim maintenance.

Mr. Mishra, learned counsel submits that the income of the Opposite Party-Husband as stated by learned counsel for the Petitioner is imaginary and there is no material on record in support of the same. It is his submission that although the Opposite Party had a guest house, but the same was not running well. Presently, the guest house has already been closed, as the Opposite Party could not meet the expenses to run the said guest house. Although a written objection was filed before learned Judge, Family Court, it was not taken into consideration and the impugned order has been passed. The Opposite Party is not in a position to pay the interim maintenance, as directed. Hence, he prays for setting aside the impugned order.

Considering the submissions made by learned counsel for the parties and on perusal of the record in both the RPFAMs, this Court is not clear about the income of the Opposite Party-Husband, as no material in support of the same is available on record. Grant of interim maintenance is always subject to the final outcome of the petition filed under Section 125 Cr.P.C.. In absence of any material to take a different view, this Court is not inclined to interfere with the impugned order.

Accordingly, both the RPFAMs are disposed of with an observation that the interim maintenance granted by learned Judge, Family Court, Bhubaneswar shall be subject to the final outcome of C.R.P. No.209 of 2015.

Urgent certified copy of this order be granted on propr application.

………………………………..