Gobinda C.Barai v. Chandralekha Barai

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.300 of 2011 Gobinda Charan Barai ....

Petitioner versusSmt. Chandralekha Barai ....

Opposite Party CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

07.03.2022 09.

1.

This matter is taken up through hybrid mode.

2.

This application under Section 482 of Cr.P.C. has been filed by the Petitioner with a prayer to quash the order dated 11th September, 2009 passed by the learned S.D.J.M., Sambalpur in Criminal Revision No.53 of 2009 and the order dated 9th November, 2010 passed by the learned S.D.J.M., Sambalpur in Crl. Misc. Case No.11 of 2007.

3.

Heard.

4.

It appears that Opposite Party-wife filed a proceeding under Section 127 of Cr.P.C. for enhancement of the maintenance awarded. The trial court considering the same enhanced of the monthly maintenance to Rs.3,000/- which was assailed in a Criminal Revision by the Petitioner-husband before the learned Sessions Judge, Sambalpur. The learned Sessions Judge, Sambalpur on consideration of the facts and

// 2 // submissions made, modified the said enhanced maintenance to Rs.2,500/-. Petitioner now assailed the same here in this case. 5.

After hearing the learned counsel for the parties, especially the award of monthly maintenance of Rs.2,500/-, which was molest one at the relevant point of time, this Court is not inclined to interfere with the impugned orders. 6.

Accordingly, the CRLMC stands dismissed.

7.

However, if the arrear amount, if any, pending against the Petitioner at the aforesaid rate he should be clear the same within a period of six months in four equal installments positively.

(S. Pujahari) Judge DA