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IN THE HIGH COURT OF ORISSA AT CUTTACK
MRUGANKA SEKHAR SAHOO
Rukmani Sutar – Appellant
Versus
Suryakanta Sutar – Respondent
| Table of Content |
|---|
| 1. writ application filed challenging maintenance order. (Para 1 , 2) |
| 2. arguments concerning the effective date of maintenance. (Para 3 , 4) |
| 3. restoration of civil proceeding and orders. (Para 5 , 6) |
| 4. maintenance date resolution based on apex court judgment. (Para 7 , 8) |
| 5. agreement on the judgment's application by the opposite party. (Para 9) |
| 6. modification of interim maintenance order affirmed. (Para 10 , 11) |
JUDGMENT :
MRUGANKA SEKHAR SAHOO, J.
1. The matter has been listed for hearing under the heading ‘For Admission. The learned counsel for the parties are heard at length.
2. The petitioner-wife is before this Court partly challenging the order dated 06.07.2023 passed by the learned Judge, Family Court, Bhubaneswar in I.A. No.06 of 2021 arising out of C.P. No.55 of 2021. The said CP was filed by the petitioner-wife seeking decree of divorce under Section 13 of the Hindu Marriage Act, 1955. During pendency of the petition, the I.A. was filed seeking maintenance under Section 24 of the Hindu Marriage Act, 1955 which was favoured and order was passed, which is challenged herein.
3. It is submitted by the learned counsel for the petitioner that in all fairness, the l
The court ruled that maintenance under the Hindu Marriage Act should be awarded from the date of filing the application to prevent financial hardship for dependents during proceedings.
The court affirmed that maintenance under Section 125 Cr.P.C. is aimed at preventing destitution and should be awarded from the date of application to ensure timely support.
The main legal point established in the judgment is the discretion of the Magistrate to award maintenance from the date of the application or the date of the order, as per the circumstances of the ca....
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