ARABINDA RAM Vs. DALISMITA SAHOO

JUDGEMENT

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

(2.) Order dtd. 22/8/2023 (Annexure-16) passed by learned Judge, Family Court, Jajpur in C.P.I.A. No.16 of 2023 (arising out of Civil Proceeding No.233 of 2021) is under challenge in this writ petition, whereby the Petitioner has been directed to pay pendente lite maintenance of Rs.4000.00 per month to the Opposite Party from the date of application, i.e., from 1/5/2023. The Petitioner has also been directed to pay litigation expenses of Rs.3,000.00 to the Opposite Party.

(3.) It is submitted by Mr. Bhuyan, learned counsel for the Petitioner that after filing of the show-cause to the petition under Sec. 24 of the Hindu Marriage Act, 1955 (For short 'the Act") (C.P.I.A. No.16 of 2023) the matter was never posted for hearing of the application but the final order has been passed without affording opportunity of hearing to the Petitioner. Had an opportunity been given to the Petitioner, he would have brought certain relevant facts to the knowledge of learned Judge, Family Court, Jajpur which are necessary for adjudication of the I.A.