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2025 DAILYLAW 52084 (ORI)

HEMALATA NAYAK v. STATE OF ODISHA

CRLMP/1051/2025 · 2025-09-04

Chittaranjan Dash

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 1051 of 2025 Hemalata Nayak & another …. Petitioners Mr. S. K. Dash, Advocate -versus- State of Odisha & Others …. Opp. Parties Mr. A. K. Apat, Addl. P.P CORAM: THE HON’BLE MR. JUSTICE CHITTARANJAN DASH Order No. ORDER 04.09.2025 01. 1. Heard learned counsel for the Parties. 2. By means of this application, the Petitioner seeks the intervention of this Court for a direction to the Opposite Party Nos.2 & 3 to execute the NBW issued by the court of learned Judge Family Court, Parlakhemundi in CRP. No.69 of 2024. 3. The background facts of the case are that the Petitioner moved an application before the learned Judge Family Court, Parlakhemundi in CRP. No.69 of 2024 praying for maintenance. The learned Judge Family Court, Parlakhemundi having heard the Parties, allowed the prayer of the Petitioner directing the Opposite Party-husband to pay maintenance to the tune of Rs.4,000/- (Rupees Four Thousand only) and Rs.2,000/-(Rupees Two Thousand only) respectively to the Petitioner Nos.1 & 2 i.e wife & minor daughter. 4. According, to the learned counsel for the Petitioner, despite the order, the Opposite Party-husband did not comply the order of the court for which, the Petitioner moved the court for execution of the order, wherein the learned Judge, Family Court, Parlakhemundi issued NBW vide order dated 16.04.2025. It is further submitted by the learned counsel for the Petitioner that despite the order of NBW, the same has not yet been executed by the authority. 5. Needless to say, that the court passing the NBW is responsible to ensure its execution too and not remained complacent with a routine order sheet “Warrant not executed… Fix the case to…. Awaiting execution”. The issuing court has ample of power to see that the warrant gets executed. This Court cannot in this writ application sit for execution of order passed by the learned Judge, Family Court, Parlakhemundi. There is elaborate provision made under the provisions of law and the court concerned is not functus officio upon passing a direction for NBW. While disposing this application, we direct the learned Judge, Family Court to ensure the execution of the NBW, resorting to the provisions of law and taking up the matter not only with the learned District Judge, concerned to take up in the senior officers meeting. Accordingly, the CRLMP stands disposed of. (Chittaranjan Dash) Judge Sarbani Designation: Junior Stenographer