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ORISSA HIGH COURT
Savitri Ratho, J.
Dr. Amresh Pati – Petitioner
versus
Ossin Dash Anr. – Opp. Parties
CRLMP No. 1277 of 2024
Decided on 15.5.2026
Counsel for the Parties:
For the Petitioner:Mr. Rabindra Kumar Prusty, Advocate
For the Opp. Parties:Mr. Biswajit Ranjan Tripathy, Advocate
IMPORTANT POINTS
(1) Award of interim maintenance – Detailed enquiry is not necessary as order granting interim maintenance will be subject to final order.
(2) Payment of interim maintenance should be from date of order and not from date of application.
(3) Wife having decent earning is not entitled to interim maintenance.
Headnote:
Protection of Women from Domestic Violence Act, 2005 – Section 23 read with Sections 18, 19, 20 and 22 – Criminal Procedure Code, 1973 – Section 125 [Section 144 of BNSS, 2023] – Award of interim maintenance to minor son – Detailed enquiry or adjudication on the basis of application and objection while granting interim maintenance is not necessary as order granting interim maintenance will be subject to final order – Payment of interim maintenance should be from date of order and not from date of application – Family Court has rightly not awarded interim maintenance to OP No.1-wife, as she is earning more than Rs. Thirty Thousand per month – Order awarding interim maintenance modified. (Paras 18, 19, 21, 22 and 23)
Result: Criminal Miscellaneous Petition partly allowed.
JUDGMENT
Savitri Ratho, J.—This CRLMP has been filed by the Petitioner (hereinafter referred to as the “husband”) challenging the order dated 14.08.2024 passed by the learned Judge, Family Court, Bhubaneswar in Criminal Proceeding No.71 of 2023 directing him to pay Rs.25,000/- per month to the Opposite Party No.2 (hereinafter referred to as the “son”) through the Opposite Party No.1 ( hereinafter referred to as the “wife”) as interim maintenance, with effect from date of the application i.e. 5.1.2024 till disposal of the main proceeding. The husband has been further directed to pay current regular maintenance on or before the 10th of each succeeding calendar month and to pay the entire arrears of interim maintenance dues from the date of filing of the interim maintenance petition till date, within a period of three months hence.
Background Facts in Brief
2. The Opposite Party No.1 had filed CMC No. 270 of 2023 in the Court of the JMFC – IV, Bhubaneswar, under Section 12 of the Protection of Women from Domestic Violence Act, 2005, (in short “DV Act”), against her husband, parents in law and brother in law (as Respondents), praying for the following amongst other reliefs:—
(i) direct the Respondents to secure alternate accommodation for Petitioner or pay Rs.15,000/- per month,
(ii) direct the Respondents to pay Rs.20 lakhs towards compensation for depressions of the complainant,
(iii) direct the Respondents to pay an amount of Rs.60,000/- per month towards her maintenance,
(iv) direct the Respondents to pay Rs. 50 lakhs towards compensation for her physical harassment and mental agony due to sexual assault,
3. Show cause reply dated 16.09.2023 was filed by the Petitioner denying the allegations.
4. During pendency of the application under Section 12 of the , DV Act, the Opposite Party No.1 filed an application under Section – 23 (1) read with Section – 18,19, 20 and 22 of the DV Act, praying for a direction to the Petitioner for payment of interim monetary relief of Rs 50,000/- per month to her and her son, to pay interim compensation of Rs 10,000/- and direct the Petitioner to pay Rs 16,000/- per month towards medicines of their son and to execute a bond for preventing commission of domestic violence and direct the IIC Khandagiri Police Station to give protection to her.
5. An objection dated 16.03.2024 was filed by the husband Petitioner to the application under Section 23 of the DV Act, indicating the details of his income and expenditure.
6. The Opposite Party No. 1- wife along with their son filed Criminal Proceeding No. 71 of 2023 in the Court of the learned Judge, Family Court, Bhubaneswar under Section – 125 of the Cr.P.C. In the said proceeding, she filed an application for payment of Rs 40,000/- as interim maintenance and Rs 10,000/- towards cost of the proceeding. The Petitioner – husband has filed his objection stating that pleadings have been completed in the case and giving particulars about his pay and expenses.
7. In the proceeding under the DV Act, the learned JMFC- IV, disposed of the application for payment of interim maintenance and other reliefs on 06.05.2024 observing that the marriage between the parties was admitted and keeping in mind the status of the wife, did not grant interim maintenance to her but keeping in mind the future of the child awarded monthly maintenance of Rs 5,000/-, to be paid on or before the 10th of each month.
Case of the Wife / Opposite Party No.1
8. The case of the wife in short, is that she had married the husband namely Dr. Amresh Pati on 29.01.2017 as per Hindu rites, rituals and customs in presence of family members of both the sides in Hotel Durga, Angul in high status. At the time of marriage, as per the demand of respondents, her father had given Rs.6,00,000/- through RTGS for purchase of car and cash of Rs.6,00,000/- towards other articles to fulfill demand of the husband and his relatives. It is also stated that she stayed in the house of the husband and his relatives for near a
