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IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No. 1541 of 2023

Ranjan Das

…. Petitioner

Mr. H.C. Sahoo, Advocate

-versus-

Sujata Das

….

Opp. Party

Mr. D. Biswal, AGA

CORAM:

JUSTICE CHITTARANJAN DASH

Order No.

ORDER

03.11.2023

02.

1. Heard learned counsel for the Petitioner and the State.

2. By means of this application the Petitioner seeks indulgence of

this Court to quash the order dated 16.03.2023 passed in Crl.

Proceeding No.179 of 2022 by the learned Judge Family Court,

Jajpur.

3. It is submitted by learned counsel for the Petitioner that by virtue

of an application moved before the learned SDJM, Jajpur under

Section 12 of Protection of Women from Domestic Violence Act,

2005 (PWDV Act) while the matter was subjudice, the said court in

an interim maintenance application under Section 23 of said Act,

directed the Petitioner to pay a sum of Rs.3000/- per month. The

Opposite Party-wife also moved Petition before the learned Judge,

Family Court, Jajpur under Section 125 of CrPC claimimg

maintenance and in the said proceeding moved an application for

interim maintenance. The learned Judge, Family Court directed the

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Petitioner to pay interim maintenance of Rs.2500/- per month.

According to learned counsel for the Petitioner, since the directions

have been passed by two courts overlapping one another the same is

not sustainable in the eye of law.

4. Learned counsel also relied upon decision in the matter of

Rajnish Vs. Neha reported in (2021) 2 SCC 324 wherein the Apex

Court held that in case of overlapping jurisdiction where successive

claims for maintenance are made by a party under different statue

the court could consider as adjustment or set up by the amount

awarded in the previous proceeding by determining whether any

further amount is to be awarded in subsequent proceedings and it is

also made mandatory for the applicant to disclose the previous

proceedings and orders passed therein in the subsequent

proceedings.

5. Learned counsel appearing on behalf of the Opposite Party

vehemently opposed the contentions raised by the learned counsel

for the Petitioner.

6. Upon hearing both the parties and without going into details of

the merit of the impugned order, it is directed that the Petitioner

shall deposit a lump sum of Rs.15,000/- as against the interim order

of maintenance passed by the learned Judge, Family Court, which

shall of course, merge with the final order. The parties are directed

to pursue the hearing in the final application pending before the

learned judge, Family Court under application 125 of CrPC without

further delay. The court concerned is expected to dispose of the

matter as expeditiously as possible and deal with the matter in

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accordance with law keeping in view the direction issued in the

Apex Court in Rajnish Vs. Neha (supra). CRLMP is accordingly

disposed of.

(Chittaranjan Dash)

Judge

AKPradhan

Digitally Signed

Signed by: ANANTA KUMAR PRADHAN

Designation: Sr. Steno

Reason: Authentication

Location: HIGH COURT OF ORISSA

Date: 07-Nov-2023 10:33:40

Signature Not Verified