The court ruled that execution proceedings must await the resolution of pending appeals regarding the maintenance order, emphasizing the importance of finality in legal judgments.

JUDGMENT :

Sashikanta Mishra, J.

The Petitioner has preferred this revision questioning the correctness of order dated 21^st October, 2019 passed by learned 3^rd Addl. Sessions Judge, Berhampur in Crl. Appeal No.16/2019 whereby the order passed by learned J.M.F.C., Berhampur on 20^th April, 2019 in M.C. No.146/2017 was confirmed. The original case before the learned Magistrate being Misc. Case No.149 of 2014 was filed by the present Opposite Party (wife) under Section 12 of the PWDV Act claiming maintenance and other incidental reliefs. The said case was disposed of by learned Magistrate by order dated 27^th February, 2017 directing the Petitioner(husband) to pay Rs.3,500/- towards monthly maintenance along with other reliefs including Rs.2,500/- as monthly house rent and Rs.4,000/- towards compensation. The said order was challenged by the husband in Crl. Appeal No.24/2017 which is pending in the court of Sessions Judge, Berhampur. In the meantime, in an execution case being filed by the wife viz Misc .Case No.146/2017, learned Magistrate by order dated 20^th April, 2019 directed issuance of conditional NBW for Rs.28,000/- against the husband for failure to comply with the original order. The said order was carried in appeal by the husband being Crl. Appeal No.16/2019. By order dated 21^st October, 2019, which is impugned in the present revision, learned 3^rd. Addl. Sessions Judge, dismissed the appeal and thereby confirmed the order dated 20th April,2019 passed by learned S.D.J.M., Berhampur.

2. Heard Mr. Debasis Sarangi, learned counsel for the Petitioner and Mr. L.N.Patel, learned counsel for the Opposite Party.

3. It is submitted that in addition to the proceeding under the P.W.V.D. Act, the wife had also approached the Judge, Family Court, Berhampur in Criminal Proceeding No.156/2014 for maintenance, which was allowed by order dated 11th August, 2016 directing payment of maintenance at the rate of Rs.8,000/- per month from the date of filing of the application along with other expenses. Mr. Sarangi further submits that the Petitioner preferred appeal against the said order before this Court vide RPFAM No.233/2016. By order dated 16^th December, 2022, copy of which has been filed by Mr. Sarangi, the order passed by learned Judge, Family Court was set aside and the matter was remitted to the said Court for fresh adjudication giving opportunity of hearing to the parties keeping in mind the observations made in the said order. Mr. Sarangi, further submits that this Court had set aside the order passed by the learned Judge, Family Court by holding that the evidence adduced was not adequate to prove the relationship of marriage between the parties. On such ground, it is contended that the order passed by learned J.M.F.C. becomes vulnerable to challenge as the very basis thereof has been disbelieved by this Court.

4. Mr. L.N. Patel, on the other hand, submits that the mater being remitted to the Judge, Family Court, it cannot be conclusively held at this stage that the proceeding has attained finality and therefore, there is no reason to interfere with the order passed by the learned Magistrate regarding grant of maintenance.

5. Having considered the rival submissions, this Court is of the view that since a statutory appeal is pending against the original order passed by the learned Magistrate directing payment of maintenance and other relief, the same ought to be decided on merits. To such extent therefore, the impugned in so far as it relates to non-interference with the order passed by the learned J.M.F.C. in the execution proceeding cannot be sustained in the eye of law. Resultantly, the order dated 21^st October, 2019 passed by learned 3^rd Addl. Sessions Judge, Berhampur is hereby set aside. Learned Sessions Judge, Berhampu