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2026 DAILYLAW 6479 (ORI)

BADRI NARAYAN MOHANTY v. LAXMIPRIYA MOHAPATRA

CRLMC/1333/2026 · 2026-04-29

S K Panigrahi

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1333 of 2026 Badri Narayan Mohanty ...…... Petitioner(s) Mr. Abhishek Dash, Advocate -Versus- Laxmipriya Mohapatra ……. Opposite Party (s) CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 29.04.2026 Order No. 01. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Petitioner and learned counsel for the State. 3. The petitioner has filed this CRLMC assailing the order dated 24.01.2026 passed by the learned Judge, Family Court, Dhenkanal in Cr.P(Ex.) No.61 of 2025, issuing N.B.W(A) against him. 4. Learned counsel for the Petitioner submits that the learned Judge, Family Court, Dhenkanal vide judgment and order dated 26.06.2023 had allowed the Petition filed under Section 125 of the Cr.P.C. and directed the Petitioner to pay a monthly maintenance of Rs.4000/-per month from the date of filing of the application i.e.16.04.2021 within 10th instant of each succeeding month. The learned Judge, Family Court, Dhenkanal issued N.B.W(A) against the Petitioner on Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 29-Apr-2026 17:27:36 Signature Not Verified 2 24.01.2026. He further submits that the Petitioner is ready and willing to pay the arrear maintenance within two equal instalments. 5. Learned counsel for the State strongly object the release of the Petitioner on bail. 6. In view of such facts and submissions made by the learned counsel for the Petitioner, this Court is inclined to allow the CRLMC. Accordingly, the order dated 24.01.2026 passed by the learned Judge, Family Court, Dhenkanal in the aforesaid case, so far it relates to issuance of N.B.W(A) against the petitioner, is hereby quashed. The Petitioner is directed to pay the first instalment of Rs.24,000/- to the Opposite Party (wife) within a period of one week and rest amount shall be paid two weeks thereafter and the proof shall be shown before the learned court below. Further, the Petitioner is directed to surrender before the court in seisin over the matter in the aforesaid case and move for bail within a period of fifteen days hence. On such event, the said court shall release him on bail with some stringent conditions so as to enable him to appear before the court on each date of posting of the case. 7. Accordingly, the CRLMC is disposed of. ( Dr. Sanjeeb K Panigrahi) Judg Gitanjali