Soumya Sucharita Swain Vs Diptiman Beura

MATA no.6 of 2022 and I.A. no.I.A. no.50 of 2024

Mr. Padhy, learned advocate appears on behalf of respondent-husband and submits, his client has filed interim application (I.A. no.50 of 2024) with prayer to direct stay of operation of order dated 14th July, 2023 passed in Civil Execution no.3 of 2022 by the executing Court during pendency of the appeal. On query from Court he submits, by judgment dated 9th December, 2021 the family Court had dissolved the marriage. Appellant-wife preferred appeal to this Court against the judgment. She also filed for execution before the family Court. Warrant of arrest has been issued in execution, which is why his client has applied for protection.

Mr. Parija, learned advocate appears on behalf of appellant-wife and submits, copy of the application has just been served. His client needs to file objection. There be time given on adjournment. Mr. Padhy submits, there be order of interim protection, opposed by Mr. Parija.

On further query from Court Mr. Padhy submits, the family Court had directed interim maintenance at ₹6,000/- per month. By impugned judgment, upon dissolution of the marriage there was also direction for payment of monthly maintenance at ₹20,000/- from date of counter claim, i.e., 2nd March, 2016 and litigation expenses of ₹10,000/-. This direction has been put in to execution by appellant-wife.

Ordinarily a person aggrieved by a judgment, prefers appeal and might also seek stay of the judgment. Said party can otherwise apply for stay of execution to the executing Court. Here appellant has filed for execution. Hence, we have conduct of appellant to show she has accepted the judgment.

Our aforesaid observations are on prima facie appreciation, for purpose of adjudication of prayer for interim protection made for on behalf of respondent-husband. There will be unconditional stay of execution till 20th February, 2024. Within that time respondent-husband will deposit cash security of ₹2,00,000/- with Registrar Judicial. In event the deposit is not made, the stay order will stand automatically vacated as on 21st February, 2024. On the deposit made, the Registrar will deposit same in an interest bearing short term deposit account with any nationalized bank. The stay will then continue till further orders or disposal of the appeal, whichever is earlier.

Mr. Padhy submits, the warrant has already been issued and the police are likely to act. In the circumstances, parties and the police are to act on website copy of this order.

The application is disposed of without requiring appellant-wife to file objection.

List the appeal along with MATA no.7 of 2022 on 27th February, 2024.

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