Swayamprava Sahoo v. Manas Kumar Malla

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 25958 OF 2022 Swayamprava Sahoo ....

Petitioner Mr. A.P. Bose, Advocate -versusManas Kumar Malla ....

Opp. Party

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

14.11.2022 2.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition seeks to assail the order dated 30th August, 2022 (Annexure-1) passed in I.A. No. 24 of 2021 (arising out of C.P. No.458/24 of 2019-21), whereby an application filed by her under Section 24 of the Hindu Marriage Act, 1955 (for short 'the Act') has been rejected. 3.

On perusal of the impugned order, it appears that learned Judge, Family Court, Sambalpur rejected the application under Section 24 of the Act mainly on the ground that the Petitionerwife has an income of Rs.16,731.88 per month and the Opposite Party-husband has an income of Rs.2,200/- per month from private tuition.

4.

Taking into consideration the submission made by learned counsel for the Petitioner, this Court vide order dated 17th October, 2022 directed learned counsel for the Petitioner to produce the materials on record to show that the income of Petitioner is not sufficient for her sustenance. Since there is no

// 2 // material on record to show that the income of the Petitioner is not sufficient for her sustenance, this Court does not find any infirmity in the impugned order rejecting the application under Section 24 of the Act.

5.

Accordingly, this writ petition being devoid of any merit stands dismissed.

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

(K.R. Mohapatra) bks Judge