Susanta Kumar Panda v. Mamata Panda

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3098 of 2012 Susanta Kumar Panda ....

Petitioner versusMamata Panda @ Tiki ....

Opposite Party CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

28.03.2022 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 set aside the judgment dated 3rd July, 2012 passed by the 1st Additional Sessions Judge, Puri in Criminal Revision No.6/28 of 2011/2010 under Annexure-2 confirming the order dated 12th March, 2010 passed by the learned J.M.F.C., Nimapara in C.M.C. No.3 of 2009 under Annexure-1.

3.

Heard.

4.

It appears that the Petitioner being saddled with to pay maintenance to the Opposite Party @ Rs.700/- per month in the aforesaid C.M.C. which has been confirmed in the aforesaid criminal revision. The Petitioner has challenged the aforesaid

// 2 // order on the ground that be being a poor Sebayat is unable to pay the aforesaid amount as that is high and excessive. Further contention has been raised that wife having voluntarily withdrawn from his society, he is not liable to maintain her. Such contention of the Petitioner has been negative by the court below, so also in the revision petition. There appears to be no perversity in the finding. The amount of maintenance awarded is also too paltry one.

5.

As such, I see no reason to interfere with the order impugned in this Criminal Misc. Case, which is filed in the guise of second revision. Accordingly, the same stands dismissed.

(S. Pujahari) Judge DA