WP(C) 27044 OF 2017

02. 17.01.2018 Heard learned counsel for the petitioner.

The petitioner by filing this application has invoked the jurisdiction of this

Court under Article 227 of the Constitution in impeaching an order dated 14.11.2017 passed by

the learned Judge, Family Court, Bhubaneswar in Civil Execution Case No.16 of 2003.

The impugned order arises out of an application filed by the petitioner-husban

d to recall the order dated 30.07.2016. In that order while releasing the petitioner from the

detention made in connection with realization of the arrear maintenance dues, it had been dire

cted that the petitioner shall pay the arrear maintenance dues of Rs.52,000/- to the opposite

party.

The learned Judge, Family Court, Bhubaneswar has rejected the said petition fo

r recall by holding that the liability of the petitioner to pay the arrear interim maintenance

dues to the opposite parties cannot get vanished merely because of the fact that some propert

ies stand recorded in this name contrary to the final decree passed in the partition suit when

the actual state of affair is that the petitioner is not the owner of those properties.

The petitioner having been directed to pay the interim maintenance to the peti

tioner during pendency of the original proceeding field by him against the opposite parties fo

r restitution of conjugal right, his liability to clear up the same even after the dismissal o

f the said proceeding up-till that date of dismissal, if no further order as regards maintenan

ce has been passed in the proceeding at the time of final disposal continues.

In that view of the matter, the ultimate order passed by the learned Judge, Fa

mily Court, Bhubaneswar cannot be faulted.

The application is accordingly dismissed.

Narayan

..

D. Dash, J.

H

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