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2002 Supreme(Ori) 182

P.RAY, P.K.TRIPATHY
Bansidhar Mohanty – Appellant
Versus
Jyoshnarani Mohanty – Respondent


Advocates:
For Petitioner:M/s. G. Rath, G. K. Praharaj, S. Mishra, A. K. Panda
For Opp. party:M/s. S. R. Patnaik, P. Behera, P. Patra, and D. Pradhan

JUDGMENT

P. K. TRIPATHY, J. — Human relationship is based on personal and social bondage but sometimes it shatters due to defection. A matrimonial relationship according to the personal law of Hindus is a sacred, firm but tender relationship. When it cracks because of misunderstanding or dispute between the spouses on any ground provided in the matrimonial law that results in either a decree for restitution of conjugal right, judicial separation or di¬vorce. When that is not adhered to by the parties then claim for maintenance if made is settled either amicably or as per the decision of the Courts on the basis of statutory provisions governing the parties. The present dispute belongs to the latter category.

2. The wife/respondent in her mid-fifties in 1995 filed the application for maintenance under the Hindu Adoptions and Maintenance Act, 1956 (in short ‘Act, 1956’) registered as Civil Proceeding No. 57 of 1995 in the Court of Judge, Family Court, Cuttack. She having been granted maintenance under Section 125, Cr.P.C. in an earlier occasion in Criminal Misc. Case No. 7 of 1975 also prayed for enhancement of maintenance under Section 127, Cr.P.C. which was registered as Criminal Pr























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