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2025 DAILYLAW 61379 (ORI)

SURATHA PATRA v. ANJANA PATRA

WP(C)/27044/2024 · 2025-05-13

Dixit Krishna Shripad

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). NO. 27044 OF 2024 Suratha Patra …. Petitioner Mr. Trilochan Panigrahi, Advocate -versus- Anjana Patra …. Opp. Party None CORAM: JUSTICE DIXIT KRISHNA SHRIPAD ORDER Order No. 13.05.2025 01. 1. This matter is taken up through hybrid mode. 2. The husband is grieving before Writ Court against the order dated 02.09.2023 entered by the learned Judge of the Family Court, Puri, whereby additional maintenance of Rs.2,000/- has been awarded under the provisions of Section 125 of the Code Criminal Procedure, 1973, as the law then stood. 3. Learned counsel appearing for the petitioner vehemently argues that the impugned order is unsustainable, inasmuch as what has been awarded by way of interim maintenance, is in excess of what can be awarded as final maintenance. Apart from that, no other ground is urged before this Court. 4. Having heard learned counsel for the petitioner and having perused the petition papers, I decline indulgence in the matter, inasmuch as marriage of parties is not in dispute. There is also no much dispute that the opposite party-wife is not earning enough to hold her body & soul together. Additional sum of Rs.2,000/-, in these costly days, is virtually has no buying power, the value of rupee dwindling down. 5. We are living in a society, wherein bread is costlier than blood. What has been awarded being actually less than what ought to have been, this Court is helpless because the petitioner cannot be worse off in his own challenge. Added, the order is an interim one, which is discretionarily made in accordance with the rules of reason and justice. In the above circumstances, the petition, being thoroughly meritless, is liable to be and accordingly rejected in limine. Registry to send a copy of this order by speed post to the opposite party wife, immediately. (Dixit Krishna Shripad) Judge GDS Designation: JOINT REGISTRAR-CUM-PRINCIPAL SECRETARY