BINOD KUMAR SAHU Vs. SASMITA JENA

JUDGEMENT

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

(2.) Judgment dtd. 3/10/2018 (Annexure-4) passed by learned Judge, Family Court, Khurda in Criminal Petition No.57 of 2018 is under challenge in this RPFAM, whereby allowing an application under Sec. 127 Cr.P.C. filed by the Opposite Parties, the Petitioner has been directed to pay maintenance at the enhanced rate of Rs.3,000.00 per month to each of the opposite Parties.

(3.) Mr. Prusty, learned counsel for the Petitioner submits that in the meantime, Opposite Party No.2 namely, Priyanka Priyadarsini Sahu has already got married. The Opposite Parties are staying in the house of the Petitioner. The Petitioner is working as a driver and his net salary was Rs.25,363.00 per month at the relevant time, out of which it has been directed to part with half of the salary to the Opposite Parties as maintenance. Hence, the same is not reasonable. He further submits that in view of the direction made, it is very difficult on the part of the Petitioner to pay the maintenance. However, he is paying Rs.9,000.00 per month to the Opposite Parties as maintenance regularly till date. Hence, he prays for modifying the impugned order under Annexure-4 by reducing the quantum of maintenance directed to be paid.