SAURAV RANJAN LENKA Vs. SANGHAMITRA MOHANTY

JUDGEMENT

(1.) In this appeal, the appellant challenges the judgment dated 18.2.2011 passed by the learned Judge, Family Court, Bhubaneswar in C.P.No.310 of 2010 in an application filed under Section 18 of the Hindu Adoption of Maintenance Act directing the appellant to pay Rs.25,000/- per month as maintenance to the respondent-wife from the date of application i.e. from 18.1.2010 with further direction to pay the arrear maintenance to her within three months and the current maintenance by 10th of each succeeding months with cost.

(2.) The application under Section 18 of the Hindu Adoption and Maintenance Act was filed before the learned Civil Judge (Senior Division), Bhubaneswar initially and thereafter it was transferred to the file of Judge, Family Court, Bhubaneswar on 22.12.2010. The appellant did not file his written statement as he was not aware about transfer of the aforesaid case from the court of learned Civil Judge (Senior Division), Bhubaneswar to the file of learned Judge,Family Court, Bhubaneswar. While the matter stood thus, the application was taken up on 18.3.2011 in absence of the appellant setting him ex parte on the same day and on the same day the respondentwife and her father were examined and the ex parte judgment was passed directing the appellant to pay maintenance as stated earlier. After coming to know about passing of the ex-parte judgment, the appellant through his counsel obtained the certified copy of the order of the ex parte judgment and filed an application under Order-9, Rule, 13 C.P.C. for setting aside the ex-parte judgment, which was registered as CMA No.36 of 2011 along with the evidence on affidavit in support of his plea. However, the court below deferred the CMA No.36 of 2011 and proceeded with the Execution Case No.17 of 2011, which was filed by the respondent-wife in the meantime.

(3.) It is submitted by the learned counsel for the appellant that he has filed an application taking a plea that at the time of passing the impugned judgment he had no income, as he had already left the job since 23.10.2008. In support of his contention, he has also filed certificate copy of the order issued by his ex-employer. It is further contended by the appellant that the respondent-wife is also a Software Engineer and she is engaged in a reputed company styled Kotak Mahindra Bank and getting a handsome salary for her maintenance. On 15.12.2011, the court below, without considering of those facts, directed the appellant for payment of arrear maintenance so also the current maintenance directing his ex-employer to deduct the said amount from his salary and report compliance. It is also submitted by the learned counsel for the appellant that the appellant on 22.4.2008 filed an application under Section 13(1) of the Hindu Marriage Act against the respondent-wife before the learned Judge, Family Court L.B. Nagar at Hyderabad for dissolution of the marriage. The said application was registered as F.C.O.P.No.2 of 2008 and by virtue of the order of the apex Court, the said case was transferred to the Family Court, Bhubaneswar, where it has been re-numbered as C.P.No.522 of 2011 and the case is pending disposal. In view of the above background, the appellant has filed the present appeal challenging the impugned judgment.