Advocates:
['M/S SAMIR KUMAR MISHRA', '', 'P S MOHANTY', 'A K DASH', 'J PRADHAN', 'S K BISWAL', 'S ROUT']

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