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2025 DAILYLAW 6085 (ORI)

PREM CHAND PRADHAN @ PREMCHAND PRADHAN v. MITANJALI PRADHAN

CRLREV/1123/2025 · 2026-05-14

Sibo Sankar Mishra

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No.1123 of 2025 Prem Chand Pradhan @ Premchand Pradhan …. Petitioner(s) Mr. Amitav Tripathy, Advocate -versus- Mitanjali Pradhan …. Opposite Party(s) Mr. Biswajit Nayak, Advocate CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 14.05.2026 08. 1. Heard. 2. The petitioner is aggrieved by the judgment and order dated 26.09.2025 passed by the learned Additional Sessions Judge-cum-Special Judge (CBI-II), Bhubaneswar in Criminal Appeal No.29 of 2025, whereby the learned Appellate Court, while confirming the order dated 10.12.2024 passed by the learned J.M.F.C. (LR), Bhubaneswar in CMC No.12 of 2024, directed the petitioner to pay monthly maintenance of Rs.7,000/- to the aggrieved person i.e. the opposite party, namely Mitanjali Pradhan and her minor son with effect from July, 2024. Being aggrieved by the said p. 2 judgment and order, the petitioner has approached this Court by filing the present petition. 3. Mr. Tripathy, learned counsel for the petitioner drawing the attention of this Court to the impugned order, submits that the petitioner has filed a specific affidavit before the trial Court stating therein that he is working as an outsourcing employee in Capital Hospital, Bhubaneswar and is drawing a salary of Rs.11,961/- per month. 4. Mr. Nayak, learned counsel for the opposite party controverts the said fact and submits that the minor son of the opposite party is studying in Class-VII and the considerable expenses are being incurred towards his education. He further submits that the petitioner is not at all contributing towards the education expenses of his son. 5. At the same time, learned counsel for both the parties have conjointly submitted that at one point in time, there was an attempt to settle the dispute on the intervention of the Court. The opposite party agreed that if the interim maintenance amount is modified to p. 3 Rs.6,000/- per month, she would be satisfied at this stage. 6. Mr. Tripathy, learned counsel for the petitioner, however, submits that the petitioner is not financially capable of paying any amount beyond Rs.5,000/- per month. 7. Taking into consideration the submissions advanced by both the parties and the pleadings on record, it would suffice to say that at this stage, the petitioner shall pay Rs.5,500/- (rupees five thousand five hundred) per month towards interim maintenance to the aggrieved person i.e., the opposite party and her minor son. The said amount shall be payable with effect from July 2024. 8. At this stage, Mr. Tripathy, learned counsel for the petitioner, submits that since the learned trial Court has directed payment of interim maintenance from July, 2024, huge arrears have accumulated by now. He therefore prays for grant of adequate installment facility to enable the petitioner to clear the arrear dues. p. 4 9. Taking into consideration the prevailing financial constraints of the petitioner, it is directed that the entire arrear amount shall be paid in ten monthly installments along with the interim maintenance i.e. Rs.5,500/- per month as directed hereinabove. It is also brought to the notice of the Court that pursuant to the order of this Court dated 06.04.2026, a sum of Rs.30,000/- has already been deposited before the learned trial Court. The said amount is directed to be released in favour of the opposite party and shall be adjusted towards the arrear dues payable by the petitioner. The remaining part of the impugned order shall remain unaltered. 10. With the above modification, the CRLREV is disposed of. (S.S. Mishra) Judge Swarna