Swapna Pati v. Dillip Ku.Pati

IN THE HIGH COURT OF ORISSA AT CUTTACK

RPFAM No. 77 OF 2018 Swapna Pati and another Petitioners Mr. A Pattnaik, Advocate -versusDillip Kumar Pati ....

Opp. Party Mr. B.C. Panda, Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

12.05.2022 RPFAM No. 77 OF 2018 & RPFAM No.39 of 2018 19.

1.

This matter is taken up through hybrid mode.

2.

Both the RPFAMs have been filed assailing the order dated 20th December, 2017 passed in Criminal Proceeding No.713 of 2012, whereby learned Judge, Family Court, Kendrapara directed Dillip Kumar Pati (for convenience referred to as 'Husband') to pay maintenance of Rs. 10,000/- per month to Swapna Pati (for convenience referred to as 'Wife') and Rs. 3000/- per month to Gyana Ranjan Pati (for convenience referred to as 'Son') with effect from the date of application i.e. from 16th October, 2012.

3.

RPFAM No.77 of 2018 has been filed by the Wife and Son for enhancement of the amount of maintenance and RPFAM No.39 of 2018 has been filed by the Husband to reduce the quantum of maintenance.

4.

Learned counsel for both the parties submit that Gyana Ranjan Pati (son) has already become a major since March, 2021.

// 2 // Hence, he is not entitled to any maintenance thereafter. Learned counsel for the parties submits that the maintenance awarded in favour of the wife should be maintained.

5.

In that view of the matter, both the RPFAMs are disposed of without interfering with the impugned order with a clarification that the husband shall go on paying a sum of Rs.10,000/- (Rupees ten thousand) per month to the wife, namely, Swapna Pati as directed in the impugned order and the award of maintenance in favour of Gyana Ranjan Pati (Son) shall come to an end from the date of his attaining majority i.e. with effect from March, 2021. 6.

The interim order dated 5th February, 2019 stands vacated. (K.R. Mohapatra) Judge ms