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2009 Supreme(Ori) 447

P.K.TRIPATHY, L.K.MISHRA
KALPANA DAS – Appellant
Versus
SARAT KUMAR DAS – Respondent


ORDER

1. Heard argument and Judgment is as follows.

2. Petitioners are the applicants in Misc. Case No. 104 of 2006 u/s 24 of the Hindu Marriage Act, 1955 (in short 'the Act').That application was filed in C.P. No. 310 of 2006. Petitioner No. 1 filed that C.P. for restitution of conjugal rights. Together with petition u/s 9 of the Act she filed the application u/s 24 of the Act. The Respondent-Opposite Party entered appearance in that proceeding on 08.12.2006 filed his written statement and also contested the application u/s 24 of the Act.

3. On consideration of submission of both the parties, Learned Judge, Family Court, Cuttack awarded interim maintenance ' Rs. 800 per month to the Petitioner No. 1 and ' Rs. 400 per month to the Petitioner No. 2 on the ground that the relationship between the parties are admitted and the husband has a net salary of Rs. 7655. Learned Counsel for the Opposite Party-husband states that Family Court, Cuttack did not consider the objection of the Opposite Party on the issue that the child is not entitled to maintenance u/s 24 of the Act in view of the decision of this Court in the case of Purusottam Das Agarwala Vs. Smt. Puspa Devi, wherein it has been h














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