The main legal point established in the judgment is that the procedure for realization of interim maintenance should be in line with the provisions of the Protection of Women from Domestic Violence Act, 2005.

JUDGMENT :

B.R. Sarangi, J.

1. The petitioner, who is the wife of opposite party No.2, by way of this application, seeks to quash the order dated 27.12.2018 passed by learned S.D.J.M.(S), Cuttack in D.V. Misc. Case No.389 of 2017 in Annexure-3, by which her petitions dated 19.07.2018 and 06.12.2018 have been rejected with liberty to file execution proceeding for realization of arrear maintenance amount.

2. The background fact leading to filing of this case is that the petitioner, being person aggrieved, filed D.V. Misc. Case No. 389 of 2017 under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the “Act, 2005”) for grant of interim maintenance in term of monetary relief. The said petition was allowed on contest vide order dated 18.04.2018 and, as such, opposite party No.2-husband was directed to pay Rs.15,000/- per month to the petitioner towards monetary relief including interim maintenance, which would be payable within 5th day of each succeeding month, failing which the petitioner would be at liberty to realize the same in due course of law. So far as the prayer made by the petitioner in respect of separate residence under Section 19 of the Act is concerned, as the petitioner was residing in her paternal house, the court directed that the same would be considered at the time of final stage of hearing of the matter. So far as the prayer for interim protection under Section 18 of the Act is concerned, the court holding that every citizen has the right to live in peaceful and dignified manner and law of the land does not permit any person to interfere in the peaceful life of other individual and that as the evidence had not then resumed, directed the opposite party No. 2 not to interfere in the peaceful life of the petitioner in any manner whatsoever and, further directed not to cause any type of violence upon the petitioner directly or indirectly till disposal of the case.

2.1. Against the aforesaid order dated 18.04.2018, the petitioner preferred Criminal Appeal No. 50 of 2018 under Section 29 of the Act before the learned District Judge, Cuttack, seeking enhancement of interim maintenance to Rs. 80,000/- per month, for residence under Section 18 of the Act and for restoration of her Streedhan property allegedly kept in the locker of Corporation Bank, Chadrashekharpur, Bhubaneswar. Thereafter, Criminal Appeal No. 53 of 2018 was filed by opposite party No. 2-husband for setting aside the order dated 18.04.2018. The learned District Judge, Cuttack heard both the appeals together in order to find out the correctness of the order passed by learned S.D.J.M.(S), Cuttack and vide order dated 19.09.2018 observed that marriage between the parties was admitted, and that opposite party No. 2-husband has filed C.P. No. 153 of 2009 in the Family Court, Cuttack for divorce and the relationship between the parties has been strained and that the parties are living separately for about 9 years, and that the wife, being person aggrieved, alleged harassment, humiliation and physical assault by opposite party No. 2-husband and that D.V. Misc. Case No. 389 of 2017 is pending for adjudication before the learned S.D.J.M.(S), Cuttack. By so observing and considering the professional position of opposite party No. 2, granted Rs. 10,000/- in favour of the petitioner-wife towards separate residence and enhanced the interim maintenance from Rs. 15,000/- to Rs. 25,000/-. As such, Criminal Appeal No. 50 of 2018 filed by wife-petitioner was allowed in part on contest and Criminal Appeal No. 53 of 2018 filed by husband-opposite party No. 2 was dismissed. Accordingly, opposite party No. 2-husbad was directed to pay interim maintenance and separate residence totaling to Rs. 35,000/- from September, 2018 till disposal of D.V. Misc. Case and clear off dues, which might be outstanding against him, within a period of two months.

2.2. Since the order of the learned District Judge, Cuttack passed in Criminal Appeal No.