Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 1139 of 2025
Sandhyarani Mohakud @ Purty …. Petitioner
Mr. A. Mishra, Advocate
-versus-
State of Odisha & others …. Opp. Parties
Mr. R.B. Dash, Addl. P.P.
CORAM:
THE HON’BLE MR. JUSTICE CHITTARANJAN DASH
Order No.
ORDER 22.09.2025
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 No.2 for early compliance of the order passed by the learned trial court in CMC No.91 of 2023. 3. The background facts of the case are that the Petitioner, wife of Opp. Party No. 3, filed a maintenance Petition under Section 125 Cr.P.C. before the Learned J.M.F.C., Barbil in CMC Case No. 91/2023. The Petitioner and Opp. Party No. 3 were married on 21.11.2014, and they have two sons, both born on 20.02.2017, who are currently in the Petitioner’s custody. In 2021, Opp. Party No. 3
moved to his employer’s quarters at TATA Steel Ltd., Khandbandha Iron Mines, and since then has willfully refused to maintain the Petitioner and their children. Being unemployed and left with no alternative, the Petitioner filed the said maintenance case. Opp. Party No. 3 appeared and contested the matter, and the learned Court, by order dated 05.03.2024, directed him to pay ₹6,000 per month as maintenance to the petitioner, including for the minor children. According to the learned counsel for the Petitioner, the Opposite Party No.3 has not paid anything towards the monthly maintenance and the learned court below also issued direction for payment of arrear maintenance on 12.08.2024 in a routine manner. 4. In view of the above, it is not understood that the court having passed the order is sitting mum in the matter without taking further step with regard to the non- implementation of the order passed by the Court. Needless to mention that the court must come heavily on the non- implementation of the judicial order passed by it instead of recording routine order sheets, which is not expected from the court concerned. While this Court is not inclined to pass any direction to the Opposite Party No.2, it is directed that the court concerned shall be vigilant enough to ensure the
execution of its own order by resorting to the provisions of the law and any laxity in this regard would mean that the court are functus officio after passing of such order and not being vigilant, if such order is not executed by the authority.
The matter may be brought to the notice of the District Judge, as well as the Chief Judicial Magistrate to be taken up in the Police Magistrate Meeting as well as the Senior Officer’s meeting for execution. 5. According, this Court is not inclined to pass any other direction. 6. The CRLMP is accordingly disposed of. (Chittaranjan Dash) Judge Bijay