Ranjit Kumar Andia v. Mamatarani Andia @ Sahu

IN THE HIGH COURT OF ORISSA AT CUTTACK

RPFAM No.48 OF 2022 Ranjit Kumar Andia Petitioner Mr. Sanjay Kumar Mohanty, Advocate -versusMamatarani Andia @ Sahu and another ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

18.05.2022 3.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this RPFAM seeks to assail the order dated 10th November, 2021 passed in Cr.P (Execution) No.145 of 2019, whereby learned Judge, Family Court, Balasore directed the Branch Manager, SBI Baliapal Branch to realize the arrear maintenance amount of Rs.56,000/- in six installments @ Rs.11,000/- for five months and sixth installment @ Rs.1000/- from SB A/c-20036482700 of the Petitioner and to remit the same to the SB account of Opposite Party No.1, namely, Mamatarani Andia.

3.

It is submitted by Mr. Mohanty, learned counsel for the Petitioner that although the Petitioner was paying the maintenance as per the direction in Cr.P. No.3 of 2013 regularly, but due to his superannuation, he could not pay certain amount for which the Opposite Parties initiated Cr.P (Execution) No.145 of 2019 and the impugned order has been passed. He also submits that in spite of the direction of learned Family Court that an amount of Rs.11,000/- per month would be deducted from the bank account

// 2 // of the Petitioner, the Branch Manager, Baliapal Branch is not allowing the Petitioner to operate the said bank account in which the pension of the Petitioner is being deposited. In view of the above, the Petitioner is facing a lot of difficulties. Hence, the Petitioner finding no other alternative has filed this revision petition.

4.

Taking into consideration the submission made by learned counsel for the Petitioner and the fact that the Petitioner had an outstanding amount of Rs.56,000/- to be paid to the Opposite Parties pursuant to the order passed in Cr.P. No.3 of 2013, this Court finds no infirmity in the impugned order directing the Branch Manager, Baliapal Branch to deduct the said amount from the SB account of the Petitioner, in terms of the direction contained in the impugned order. If the Petitioner has any further grievance, he may agitate the same before learned Judge, Family Court, Balasore, if so advised. Hence, no further order is required to be passed in this RPFAM.

5.

Accordingly, this RPFAM stands disposed of with the aforesaid observation.

Urgent certificate copy of this order be granted on proper application.

(K.R. Mohapatra) Judge ms