SRI DANYAL SAHU Vs. SUJATA SAHOO

JUDGEMENT

(1.) Both the writ applications arise out of the judgment and order dated 20.7.2011 passed by the learned Judge, Family Court, Bhubaneswar in I.A. No.737 of 2008 arising out of C.P. No.186 of 2011.

(2.) Civil Proceeding No.186 of 2011 has been filed by Danyal Sahoo (Petitioner in W.P.(C) No.21629 of 2011) under Section 13 of the Hindu Marriage Act, 1955 praying for decree of dissolution of marriage by divorce. The said Civil Proceeding is being contested by his wife-Sujata Sahoo (Petitioner in W.P.(C) No.20903 of 2011). During pendency of the said Civil Proceeding, an application under Section 24 of the Hindu Marriage Act, 1955 was filed by Sujata Sahoo for self and her minor child claiming maintenance pending disposal of the said Civil Proceeding. Learned Civil Judge (Sr. Division), Bhubaneswar, when the matter was pending before him, allowed the application and directed the husband-Danyal Sahu to pay interim maintenance at the rate of PxS.5,000/- per month and consolidated amount of Rs. 10,000/- towards litigation expenses. The matter was brought before this Court by the husband-Danyal Sahoo in W.P.(C) No.5185 of 2010 alleging therein that he had not been given an opportunity of hearing. This Court allowed the writ application by order dated 17.5.2011 quashing the order the dated 4.5.2009 passed by the learned Civil Judge (Sr. Division), Bhubaneswar. Since during pendency of the writ application the case was transferred to the Court of the learned Judge, Family Court, Bhubaneswar, the learned Judge Family Court, Bhubaneswar was directed to reconsider the application for interim maintenance and pass orders. In compliance of the same, the learned Judge, Family Court, Bhubaneswar in the impugned order directed for payment of Rs. 10,000/- as monthly maintenance towards minor child but did not allow any maintenance for the wife-Sujata Sahoo.

(3.) Challenging the said order, husband-Danyal Sahu has filed W.P.(C) No.21629 of 2011 on the allegation that since his wife-Sujata Sahoo is also earning being a Central Government employee, he cannot be saddled with Rs. 10,000/- per month alone and moreover the said quantum of maintenance has been determined by the learned Judge, Family Court without referring to his actual income. Wife-Sujata Sahoo has filed W.P.(C) No.20903 of 2011 challenging the very same order in which she has not been granted any maintenance.