PRADEEP KUMAR DASH Vs. GITANJALI DASH

JUDGEMENT

(1.) This matter is taken up through Hybrid mode.

(2.) Judgment and Order dtd. 20/4/2022 (Annexure-1) passed in CRP No.47 of 2021 is under challenge in this RPFAM, whereby learned Judge, Family Court, Phulbani directed the Petitioner to pay maintenance of Rs.3,000.00 per month to the Opposite Party from the date of filing of such application, i.e., with effect from 27/7/2021.

(3.) Mr. Mohapatra, learned counsel for the Petitioner submits that before filing of the petition under Sec. 125 Cr.P.C., the Opposite Party was staying separately without any reasonable cause. She has also been convicted for committing murder in ST No.79 of 2014. He further submits that an ex parte decree of divorce has also been passed by learned Judge, Family Court in CP No.3 of 2019, which is under challenge by the Opposite Party before this Court in MATA No.49 of 2020. The son of the Petitioner is staying with him. The Petitioner is running a small grocery business and is earning Rs.3,000.00 per month. Ignoring such contentions made by the Petitioner, learned Family Court relying upon the statement of the Opposite Party to the effect that the Petitioner is an established businessman and his monthly income is Rs.50,000.00 and is also earning Rs.2.00 lakh from cultivation, directed to pay maintenance of Rs.3,000.00 per month. It is his submission that there is likelihood of settlement between the parties in MATA No.49 of 2020 pending before this Court. He, therefore, submits that the quantum of maintenance granted in favour of the Opposite Party requires reconsideration.