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2020 Supreme(Ori) 141

B.R.SARANGI
Madhusmita Samanta – Appellant
Versus
State of Odisha – Respondent


Advocate Appeared:
For the Appellant :R.K. Pattanaik, B.C. Parija, R.R. Rout, A. Panda and M. Routray, Advocates
For the Respondents: G.N. Rout, Addl. Standing Counsel

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 1

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