Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.910 of 2025
Rajesh Kumar Nayak …. Petitioner
Mr. R.R. Ray, Advocate
-versus-
Sonali Sahoo
…. Opposite Party
Mr. S.K. Acharya, Advocate
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 09.03.2026
05.
1. Heard learned counsel for the Petitioner and
learned counsel for the Opposite Party.
2. This criminal revision has been filed assailing the order dated 13.05.2025 passed by the learned Judge, Family Court, Bhubaneswar in exercise of powers under Section 125 Cr.P.C. directing payment of Rs.4,000/- per month towards the Opposite Party- wife till the disposal of proceeding with effect from the date of application.
3.
Learned counsel for the Petitioner referring to the affidavit of assets and liability submits that the Petitioner has no income of his own and he has income of Rs.1,000/- from his parents and the Opposite Party-wife is earning of Rs.4,000/- and as such the direction to pay a sum of Rs.4,000/- is harsh. p. 2
4. It is submitted by the learned counsel for the Opposite Party that there is no infirmity in the order passed as such the same does not call for any interference by this Court and it is also submitted that the arrear maintenance is about Rs.25,000/-.
5. This Court perused the impugned order wherein relying to the provisions as contained in Section 125 Cr.P.C. and the purpose for which the same has been enacted, the learned Court in seisin held that the purpose of enactment of Section 125 of Cr.P.C. is to prevent destitution and vagrancy and the Petitioner is legally and morally obliged to ensure the welfare of the Opposite Party-wife.
6. Considering the rival submissions and the affidavit on record, this Court is of the considered view that interest of justice would be subserved, if the amount of Rs.4,000/- towards maintenance is reduced to Rs.3,000/- which is payable from the date of application i.e. 23.12.2024 along with arrears.
Such monthly maintenance of Rs.3,000/- shall fall due on 10th of the each succeeding month.
With such modification, the Criminal Revision is disposed of.
7. In view of disposal of CRLREV, pending I.As., if any, also stand disposed of.
(V. Narasingh)
Judge Ayesha