Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 297 of 2025
Sibani Panigrahi …. Petitioner
Mr. Amitav Tripathy, Advocate
-versus-
Rakesh Satapathy
…. Opp. Party None
CORAM:
THE HON’BLE MR. JUSTICE CHITTARANJAN DASH
Order No.
ORDER 24.06.2025
1.
1. By means of this application the petitioner has prayed for a direction to the learned Judge, Family Court, Nayagarh to take appropriate steps for realization of a sum of Rs.1,04,000/- (rupees one lakh four thousand) awarded towards the interim maintenance passed in CRLMP No. 18 of 2022.
2. It is submitted by the learned counsel for the petitioner that as the husband did not comply the direction in depositing the maintenance amount, the learned Judge, Family Court issued NBW for production of the accused husband. In compliance of the direction the police having arrested the accused while produced before the learned Executive Magistrate for transit the accused on release on bail failed to comply the condition of bail and never p. 2 appeared before the learned Judge, Family Court. No step thereafter has been taken by the learned Executive Magistrate to take the opposite party husband to book for none compliance of its direction thereby the order of NBW issued by the court remained none executed.
3. In view of the above, it is expected that the learned Judge, Family Court shall impress upon the Executive Magistrate to proceed against the petitioner who defied the
order of bail on two occasions. Needless to say that the court is not functus officio in pursuing the non-adherence of the direction issued by the court for appearance. The Executive Magistrate concerned, who granted the transit bail, shall proceed in accordance with law for none compliance of its direction by the opposite party-husband with utmost diligence to ensure his presence before the court concerned. Any dereliction in the aforesaid follow up action would frustrate the very purpose of the issuance of NBW against the petitioner.
4. A free copy of this order be supplied to the learned counsel for the State to communicate the Executive Magistrate concerned for a follow up action.
5. With the above observations, the CRLMP stands
disposed of.
(Chittaranjan Dash) Judge
S.K. Sethi Designation: Personal Assistant