Matrimonial proceedings cannot be dismissed for non-compliance with interim maintenance orders; timely enforcement of maintenance is crucial for fair adjudication.

Judgment :

S.K. Mishra, J.

1. The present Writ Petition has been preferred by the Petitioner-wife, who is the Respondent in C.P. No.04/46 of 2020/2018, which is now pending in the Court of learned Judge, Family Court, Nayagarh. A prayer has been made by the Petitioner-wife to set aside the order dated 21.04.2023 passed by the learned Court below in the aforesaid C.P. and allow the Petitioner to file her Written Statement only after getting the maintenance and litigation expenses in terms of the order dated 28.10.2022 passed in I.A. No.01/2020-22/2018, arising out of C.P. No.04/46 of 2020/2018 .

2. Being noticed, though the Opposite Party- husband has appeared in this case, no Counter Affidavit has been filed till date opposing to such prayer made in the Writ Petition. However, on consent of the learned Counsel for the parties, the matter is taken up for hearing and disposal at the stage of admission based on the materials available on record.

3. Heard Mr. Tripathy, learned Counsel for the Petitioner-wife so also Mr. Dash, learned Counsel for the Opposite Party-husband.

4. Mr. Tripathy, learned Counsel for the Petitioner, drawing attention of this Court to order dated 27.12.2022 passed in C.P. No.04/2020-46/18 as at Annexure-4, submitted that the Petitioner-wife moved an application on 06.03.2018 in the said case with a prayer to allow her to file Written Statement after receiving the litigation expenses and maintenance. Though, vide order dated 27.12.2022, the learned Court below allowed the said prayer, but, vide subsequent order dated 21.04.2023, rejected the petition dated 21.03.2023 filed by the Petitioner-Respondent, which was moved before the Court below for dismissal of C.P. No.04/20-46/18 on the ground of non-compliance of order of maintenance passed by it dated. 28.10.2022 and the matter stood posted to 04.05.2023 for filing of Written Statement by the Petitioner-Respondent.

4.1 Mr. Tripathy further submitted that, the learned Court below ought to have allowed the Petition dated 21.03.2023 for dismissal of proceeding in C.P. No.04/20- 46/18 for non-compliance of its own order, instead of directing the Petitioner-Respondent to file her Written Statement, which is contrary to its own order dated. 27.12.2022.

4.2 Mr. Tripathy submitted that, in view of the judgment of this Court in ( Gouri Das Vs. Pradyumna Kumar Das ), reported in 1986 (II) OLR 44, the Petitioner- Respondent should not have been compelled to file her Written Statement without ensuring compliance of order dated 28.10.2022 passed in I.A. No.01/2020-22/2018 so also contrary to the Order dated 27.12.2022, vide which the prayer of the Petitioner-Respondent was allowed.

5. Per contra, Mr. Dash, learned Counsel for the Opposite Party-husband submitted that, though vide petition dated 06.03.2018, a prayer was made by the Petitioner-Respondent before the Court below to allow her to file Written Statement after receiving litigation expenses and maintenance, but vide order dated 27.12.2022, the learned Court below allowed her prayer only to the effect of filing her written statement, as is evident from the said order dated 27.12.2022, as at Annexure-4 of the Writ Petition.

5.1 Mr. Dash further submitted that, misinterpreting the said order dated 27.12.2022, the Petitioner-Respondent is avoiding to file Written Statement in C.P. No.04/20-46/18. The learned Court below was justified to pass the impugned order dated 21.04.2023 rejecting the petition of the Petitioner-Respondent dated 21.03.2023.

5.2 He further submi