In family law proceedings under Section 125 CrPC, maintenance awards are treated as money decrees, meaning they can be challenged through revisional proceedings and must be secured by the party seeking to challenge them. The court applies established guidelines, such as the Supreme Court's precedent that wives are entitled to approximately 25% of the husband's net salary for maintenance, and adjusts awards based on actual income evidence and existing payments.
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08-05-2026- LIVE STREAMING - COURT OF HON'BLE MR. JUSTICE M.S. SAHOOAjouté :
Yes, that should I pass that order. Give me some time. Let me complete this mention part. Yes.
>> Can you not wait Mr. for some time?
>> I can wait but uh I will still I to >> I will note your submission.
>> Obviously it is not that I try to record as many submissions as made by the other. No difficulty there.
>> No, you are you have also you have also fairly referred to the Supreme Court order that that we have been discussing.
>> Yes.
We'll take it. Yes.
item for next week. Next week, next week we trying to adjust in a week and you are making it next week. Your name sir, >> you have power here.
>> Yes sir.
>> SHU for the British sir.
The matter being in matter matter having been listed for fresh admission today is mentioned by the council for the petitioner at the beginning of the day's proceeding uh seeking adjournment >> earlier the matter was heard at length on submissions of the learned council for the petitioner were noted and was adjuned by the council for the petitioner stuff.
Thereafter the matter was on and to grant further opportunity to the petitioner list in the week commencing.
All right.
Item number seven may kindly be till please your name sir.
>> My name is Arnab Mishra. Okay.
>> Arnab Mishra on behalf of Yes Lord.
a simple adjunment.
Whatever may be the hearing after hearing if you're getting adjunment, you should move it.
No, I'm not compelling you, but I'm telling you the context.
The map being in the list for fresh admission is mentioned by the same same order.
Yeah. Same ordering program opportunity for petitioner list in the week commencing.
After vacation after vacation uh the copy of the application shall be served on the standing council who usually appears from the opposite registered.
Yes.
19 item 10.
Item 10.
Yes.
Yes.
Item 13 Singh for the British state for the OP1 listed for fresh commenurition opposite party blank same item number 18 taken up today. Yes.
>> Yes.
We'll be reaching.
>> Yes.
Are you a student of student? I a student of law. I can confidently say that subject matter.
Actually, it is a legal matter.
I'm a student of law.
Yes.
Execution.
Execution.
Just one second. Let me get the five.
I'm not 19 of them.
code. Thank you.
I got my Item 15. Item 15 of the list. today's list withdraw my lord my lord >> yes >> yes >> item 22 3 22 26 >> item 22 maybe taken up some any other day. I have some difficulty to 22 22.
Okay.
>> But noted your mention is noted >> in my absence man. I will not be.
>> No no I I'll record your why should I?
>> Yes item 20.
>> Yes I have taken consent. It will taken up after in the >> Yes ma'am.
>> Mr. I have taken >> after vacation after the she is not paying any single pie to the opposite party.
We are also copy already.
I received the file through the lawyer.
I could not make contact with the consent lawyer. So that is already taken off so that will be there that order.
That will be recorded. I'll pass or you'll deposit the money. Yes.
Item 26. Okay. Item 26 2 L. In this case, Lord, Mr. Dula MR is no more Lord.
So my power is there. SK >> is there. plus so I have no high let me allow that we contact okay after yes 27 to 40 biggest item 1 24 and 25 purchase of the medicine fourish Mr. D link for the opposite parties. Linker a for the opposite party.
The REIT application has been listed with the office note that the order dated 2912026 by the honorable Apex code in civil appeal number 9828 of 2024 is placed for reference marked at flag 8. Mark at flag 8.
Perial the perial of the the order of the honorable effects court indicates that the order has been passed in a batch of civil appeals that is number 928 9828 of 2024. So the liquid grows and the number of cases and dash number of bits.
Uh it would be up to reproduce the to the order of the honorable AEX court in the civil appeal.
This by the Lord council for the petitioner that uh the intellect the Lord council for the petitioner refers to the prayer meditate application which is reproduced here time till 29th April is there whether the civil appeal is part of because this is pending That is the difference.
order against 125.
No, there is no order assess but anyway there's no difficulty there even if challenge That is a fundamental question.
That is a possibility.
How can I record that?
And has been overruled.
It was way back in 200 67.
has been decided to be a bad law by honorable Dr. overruled high court has been overruled by the Supreme Court in that sense or no decision is there with me because I carry my old notebooks also now you don't get chance to get not I I'll ask just secure assistance als 12 2017 passed by of the directing the director of the 11 2017 number 9828 of 2024.
Uh 98204ing out of Account to civil appeal number 9828 2024.
Core question.
Just touch it. Order past.
Yes, yes, yes. Text this book. Go down. Go down slow that I can read it. Okay.
Yes.
Just once again.
That's good question.
Yes sir.
45 arising out of Is that perfect?
Okay.
Further down this first Hold on.
Please.
Go back.
Go back. Hold up.
Similarity.
should wait.
I don't 363 of 2018.
Yes.
Broken.
There are about four click click Correct.
>> Which is the producer to suggest one thing?
>> Yes, please.
It's submitted by the council for the petitioner that uh Uh the order was an order were challenged order of honorable single judge were challenged by filing SLP before the Supreme Court which has been disposed which has been disposed of as disposed of and is reproduced.
above as easily produced above.
Stop with considerate opinion of this code.
After the categorical direction of the honorable effects code, any SLPs arranging similar orders that uh involve singular prayers before this code. No purpose should be solved by keeping the present date application pending.
Stop.
The order number or paragraph four of the order of the honorable epics court is reiterated in the presentate application.
Accordingly is directed let decision be taken by the director of education director of higher education in accordance with law within a period of 3 months from today.
Yes.
29 January number 2564.
256 59 how a mattering before high court supreme court will direct disposure getting let me contemplate actually this this is little bit complicated actually for all of us I know >> because it is not that clear because the Supreme Court has not referred to that any decision order number is there order number so all these efforts of searching out the orders so now we have found about so many SLPs and obviously SC 256432.
Scroll down. Scroll up.
2 4167.
That is also referred in the Supreme Court website.
Put it on.
Okay.
Justice Johan in fact this has followed if not already taken in the meantime as has been directed.
by the honorable effect school.
It is submitted by the Lord AGA that uh he he has no instruction as on date whether the case of the petitioner is has been considered and appropriate decision has been passed by the authority.
Stop the council for the petitioner also submits that uh he cannot be uh he cannot for sure say that the petitioner's case has been considered do not get considered no commun but that it is suggested by the learned council for the petitioner that the case of the petitioner was has also been demanded and should be covered and is covered by the direction of the honorable epics court in order to take a The read petition filed by the petitioner in 2013 is still pending consideration and disposure.
Therefore, therefore it is direct.
Yes.
part.
Uh in absence of the particular details regarding the concentration of the face of the petitioner, uh it is further clarified it is further clarified that either of the parties shall have liberty to seek further clarification of modification of this order.
If so advised The authorities shall do well exe within 3 months.
practitioner English all the three may be passed in one order taking note What I'm thinking number status may be different. Mr. Purit is confident that no order has been passed but all matters are pending. Supreme Court will ask you what Mr. Pur is saying after remand by the Supreme Court. All cases are considered. I cannot say maybe you also do not have that instruction that is separate or yes.
The reason being because as late this matter is disposed of in the light of the honorable export.
Yes, the authorities are lacked upon uh the production of the certified copy of this order. The parties shall also have the liberty to proceed on the basis of the offic order obtained from the official website of this. One thing may also be taken note of my lord that the order of the honorable also not been set aside that you are not relying upon that order which is considered by the court when I ask you that the purpose was that suppose the same order is referred in your petition then it becomes much easier has referred to order. I have found it out most likely says by justice that in terms of Mahanti case has to be considered. Okay, that's it.
Only thing is that the one the matter was presented before this court once.
Onisha defects were directed to be removed by the division bench.
Thereafter upon the determination of the bench having changed is placed before the single bench placed before this bench having determination.
Yes.
So like >> Yes.
>> Disposed of >> disposed.
Yes.
The present division has been Mahanti Mr. PK TK Mahanti Mr. TK Manti for the petitioners. Yes.
The presentation with the husband along an application of the wife for maintenance man.
>> Yes.
>> The uh maintenance petition was filed in criminal proced.
>> Yes. Prior to this maintenance petition the president have sir one question because after you spend half an hour then I we get stop both of us. Have you examined the pleadings and evidence my lord? What happened while please refer to the don't instead of making a speech here instead go to the pleadings evidence how the court has appreciated so that it becomes effective. One minute one minute prior to this one minute one minute if you want to say that you will not refer to the pleadings and evidence say that clearly so that I can pass order >> once it was filed by the present my lord the on the ground of adultery bas of the wives my lord the sole ma >> how is it relevant if a CP is filed >> on the ground of adultery for looking pornography. Is that consideration 12?
Yes.
The the object so >> who you can read page page 21 my lord foreign my love.
Page 21.
CP 125 125 Next fundamental evidence.
Yes. Yes.
I mean, what you are saying, sir, you are too.
>> That is how I was telling you that we are simply wasting time. Yeah.
>> Next week, >> can I can I do this? What you are saying? Can I dictate this order?
>> No ma'am.
Which provision have you first to argue that the divorce wife is not intended for maintenance?
No.
Yes. Yes. Who provision?
13th of Yes ma'am.
in H2.
Next week Mr. due to death due to death of his uncle.
Yes. Due to the death of argue more than you death of his uncle today divorce actually subsequent subsequent 23 What is going on, sir?
if the marriage is sustained. Yes ma'am.
Marriage is still there. Yes ma'am.
Yes ma'am.
The council for the petitioner is had at some length.
The petitioner wife, the petitioner husband is before this court.
Challenging the judgment dated 19620 passed by the dismission judgement challenge for no.
>> The judgment dated 2023 passed by the law just family court in state criminal proceeding number 155 of 2017.
The said uh proceeding was initiated by the by the wife in the marriage and the minor child born from the wedlock.
Apparently to challenge the order of the judgment of 196 2023 the council for the petitioner refers to the judgment in another CP which has been decided in in the year 2026.
In con opinion of this court, the judgment pronounced subsequent to the date of the judgment that is 19620 would would have no relevance to challenge the said judgment in AR in in criminal proceeding number 155 of 2017.
Husband challenges.
Challenge. Challenge.
Six revision of judgmented as six revision under section 401 of the CRPC read with section 19 into bracket 3 of the family courts act.
The Lord council for the petitioner is apprised of the judgment entered by the honorable EP court in sum of Haruki versus Sah Khan wherein the honorable court has authoritatively dealt with the scope of power of revision by this court of orders passed by the family court under section 125 CRPC.
at paragraph 20 and 21 19 20 and 21 is for the the council is for the appar judgment of the honorable episode versus Niha wherein it is held that it is it is laid down that uh So the the maintenance granted with the wife in proceedings like 125 CRPC is akin to a money decree.
The petitioner has to secure to challenge the same before this court.
So council for the petitioner has adjournment.
The matter shall be listed in the week commencing.
Suppose Mr. Mahanti you are you are in a serious thing. You are an officer of the court.
>> Suppose now I would have been impressed and retreated the order.
You you have not realized that the CRP order is long back after 2026. What would happen to the earlier order? It will still prevail.
Yes.
Then item three. Item three and list.
What is the prayer?
The PK manti were the petitioner party black.
The petitioner the petitioners are wife in the marriage and a daughter born from the wed club.
They challenge Doctor min the the they they seek for revision of the order. They seek for revision order section 19 into bracket four of the family court act of order dated family court in crl.p number Stop the said CRL.P CRL.
was was uh initiated by the mother by the by the wife in the marriage and the minor daughter.
Uh seeking uh maintenance under the provisions of section 125 of CRPC into bracket since repealed and substituted by paraterial provision containing section 144 of CRPC bracket closed.
The present petitioner sought for maintenance at the rate of Rs 20,000 for the wife and rupees uh 10,500 for the British for the for the minor daughter.
Hello By the judgment the judge family court has the family court has directed for payment of rupes 3,000 to each of the petitioners which effect from the date of filing of application that is 27 7.09.2023.
It is submitted by the law transition for the petitioner that the quantum of maintenance granted is very less compared to the income of the opposite party husband as father as was proved before the land just family court stop notice along with this order requisites for isance of notice by post with registration and proof of delivery shall be filed within five working days.
Returnable date be fixed to We commencing for this further directed that the opposite of petitioners shall continue to receive the amount directed by the law just family court by the judgment dated without prejudice to their to their rights and contentions in the present. application.
Yes. Next.
>> I don't party.
Yes. I have taken instruction ICT facility to be avail but that has to be by the rules there is ICT rule some rule not exactly rule but virtual so and so and so rule if it is available and possible they will be allowed for the council for the petitioner council for the petitioner then repeat 3 4 type.
Hello.
It is submitted by the law of council for the petitioner that uh he has obtained instruction that the petitioner shall move the court seeking seeking for a for appear before the court by by utilizing the ICT facility stuff.
with the above direction the petition is disposed of.
>> Yes.
Yes.
>> Is a good place for the if they can resume their matrimony and other things.
I can give you concrete example.
the imagination of all of course I'm not saying it will get some priority Yes, please.
Item six.
May I please? Yes, please.
>> My last occasion I have made the several grounds. I have made one grounds. I have that as I have proved one grounds that I filing the ground.
I'm not conding a trial.
So I praying some time how can I take evidence to prove your contention note he ill suffering from diseases for a person I'm not sitting on ivory tower must understand I have seen life very closely places very closely now suppose I moved by you and say that kendra since his health condition is not not good at kendra Something happens to him, will you take the responsibility fatherless not evidence I'm stating that that Health condition I seeking some time I will file written permission health condition he's unable to his presur I will seeking some time I file written not commission libertically application. Last occasion one one submission last my lord she has stated that I will council >> libert submits submits with reference to the order dated 2742026 that he may be granted further accommodation accordingly the matter is one prayer last occasion I have stated before my lordship the liberty to file move an application before the I not matter. I'm here to say that the matter should be expedated.
>> Uh you must understand you are just making the contrary prayer.
>> Yes my sir. Okay m >> as administrative judge I ask all the courts that you dispose of the matters.
I cannot pass orders for adjunment of matters.
>> It is it is governed by CPC.
17 exactly what liberty require doesn't require any level of liberty from the high court order application file. from second.
>> Yes. Listing the week off of grateful to grant further opportunity to the petitioner.
The contentions of the petitioner and the propositions of law were noted in detail on the said I will file the written submission of submissions I don't require.
that has not been written not of submission or if it is a mandatory then I cannot prevent you. It is not mandated also.
Petition is enough.
Yes. Next.
I'll be really obed if you make submissions assisting the court raise your bar become offic I'll be extremely obliter Her husband was working as a labor in a milord uh mini truck mill who has made an accident uh on 24th 2006 and uh he has suffered injury no I'll take instruction Sure.
Only you want to amounted.
So you want After deposit amount still donly deposit wrong account are you the accountant or I am the accountant you move the authority for your grievances >> yes m the authority instruction so that I can ask Mr. that you obtain instruction >> as for 6 mill that's not important of course the authority by which letter or application or communication whatever so that I can formulate orderable again the problem sir the question is very simple >> what you are seeking from high court have you moved to authority making that And by which we have made a representation before the collector on at page 41 he has forwarded the representation to the board of second instruction.
How many letters he has to write to whom he will write?
What would be the basis of each of my order and his letter?
206 that has not been discussed.
You are seeking a direction from the court due to inaction of the authority.
So guess the natural question is that whether you are good authority there you are struggling.
How does it help you sir?
How do I know that the question sir sir if you have an agenda of diverting the issue? No, >> nobody can help you.
Both of us are equally intelligent to understand.
>> So obviously you have to tell. So the first when you move the board of revenue where the money is there you are saying already is is not a government account.
39 requested the member board to place the matter before the certificate option and that is pending favor 39 and five last par. Hence I am requesting you to kindly place the above mentioned MS amount of rupees in favor of the certificate officer come to Ka for dispersment that is pending to OP that member in the it has been that this is this is reference to is there no reference?
No reference only reference to that MAC case number 34 by 2006 that that should have been your submission mister if your colleague can find it out you could have said that also Mr. DNA for the HA for the opposite part, right?
The petitioner, the red, the petitioner before this, this red application is the wife of deceased.
MC case is is the 49 say Thank you to the party.
wife.
Okay.
Okay.
decree of a trial court will be diverted by the court.
Just let us changing the track will not help you sir.
If you're unable to answer better to keep quiet because I'm asking you a serious question in your interest must understand that 26 and the result of MS is allowed on X party against the opposite party number one and dismissed against the opposite party number two on contest the opposite party number one is directed to pay the deposit directed to deposit an amount of rups 90,000 within a month hence failing which uh the compensation amount >> 95,000 within a month hence which the compensation amount will carry interest at rate of 9% peranom for the rate of uh piling up this above application till date of >> 2008.
So tap when it was deposited and when he died it was deposited on 15th uh thereafter certificate cases were issued in in certificate proceeding uh who filed a certificate case the petition the clament of this port has filed a certificate case and in that certificate one execution for execution and warrant has issued and that warrant has been challenged before this honorable court in WPC number.
So I'm asking you deposit proceeding.
Execution proceeding. Op number one op number one petitioner sah who was the judgment the owner of the vehicle >> owner of the vehicle. So owner of the vehicle came to high court >> again >> for stay of the NBW and the honorable high court was pleased to stay the NBW subject to payment of Rs 80,000 >> subject to the deposit of Rs 80,000 before the certificate of and that Res 80,000 of 4 A to 4D legal again. So what happened to the other legal hairs?
for a m that was the question asked to you that how this code will substitute the legal of a decree holder without eliminating others. Now only one is here modified that modified here by the order is modified the decree holder are deleted we filed a softition pit let's see glance page number 34 page number 34 positive. Listen 29 BC.
Thanks. Hi You must understand these people are suffering.
You are representing a person who are not aware of law. They are suffering >> for for amount of rupees 80,000 or whatever they moving around since 2008 and don't add to their agony >> by not not understanding the implication you are adding to their agony.
presented at page 34 since the opposite part.
Have you written anything regarding the NOC? I have filed an before this paragraph ends at 12.
No page starts at one end at 12.
At page five, I have taken a feeling that the victim who was the opt that the victim who was made as OP number four in the repetition died in the meantime on 22 22nd 9 2023 and his legal hair was substituted in WPC.
that I pointed you out. Okay, that is what I'm asking you that you rather you are saying that what I told that when there are ABCD four legal layers how it can be confined now to only one legal layer. You said that they have filed NOOC.
>> Then you said where is the NOC? Then then you said that they have filed in the read petition. Then the question is that where is the NOC >> and then you refer to P 34 >> then order in the order it has been >> you must you must say that on oath in the affidate really it has to be there because people is not supported by affidual is not part of the you must understand Hey, make a comprehensive preparation so that you assist the court to do something convoluted.
It becomes impossible and that it is it is not a it is a civil decree.
Civil court decree no court has authority to modify by exercising jurisdiction 27. There is no authority of the court.
His hires who was OP number four in the petition WPC numbers 21523 of 2024. The WPC number The petitioner learning council for the petitioner is heard at length.
The petitioner is one of the legal hairs of the deceased uh of the deceased beneficiary who was the claimment in MSE case number 34 of 2006 before the additional district judge dash fourth motor accident claims trioner command uh by the by our dedu allowed the claim of the claim claim of the petitioner since deceased with the following order five page 26 Uh subsequently unfortunately the payment decree holder has passed away passed away >> in the year around >> 2023 >> around the year 2025 >> 23 >> 2023 229 certific for execution of the decree certificate case was initiated.
Sir certificate case was initiated by the MS. >> No, the certificate was the certificate officer initiatoring officer of certificate.
Top collector submitted that due to nonpayment due to due as the decree was not satisfied.
against the OP number one in the MSE application that is owner of the vehicle Srimati Raspini Sahu.
A certificate case was initiated by the MSE MT >> before the before the authority that is executive magistrate number one of uh 2011 >> that is certificate that is OPDR case number 01 public 201 2012 the certificate was uh issued on cha against the judgment data owner of the vehicle.
Thereafter, the judgment data moved this court by filing WPC number 21523 of 2014.
This would be the last matter before recess. After recess, I continue. So, you need not wait. Please go and have your lunch because you don't have the facility of just having the lunch behind. That difficulty I used to face.
Many times you reach the canteen the case will be called. Yes. For your said in fact whoever visited the court had the same issue because you can't travel that much. Anyway yes I >> madam your matter will be taken up after recess.
>> I fal you please assign Mr. Mr. Pray >> sir.
>> Uh WPC number 21523 of 2014 wherein the legal hairs of the deceased inholder were added as 44.
The cost title of the state stop the cost title of the state application is available marked as an extra free which indicates They said petition was disposed of.
>> Yes.
>> Disposed of by order by order of the coordinate bench dated by 46.
7 8 6 to 9.
The Lord council for the petitioner refers to paragraph Sorry. So an extra five to the RIT application which is also endorsed by the AGA that is a letter from the certificate officer certificate officer sorry member board member board has written a letter by office letter by office letter by the by the by the letter office certificate officer has written to the member secretary board of revenue for placing of font of dispersement in MSE case number 34 of 2006 AGSL after instruction the further steps taken from the office of the from the member secretary board of revenue the Lord Di is appraised of the fact that the the the beneficiaries of the the award in MSC 34 of 2006 after even 20 years of initiation of the matter are still awaiting the benefited for orders in the week commencing the partic act to act upon the website copy of the order today's order obtained from the official website of this may yes please item 28 I pray for the petitioner said no he has told me that he out of I pray for Next area both he parties are suggesting a date just give you next We ch yes >> I don't know I have to come back has to be passed.
Other side because no date because I want that this matter finally be taken Dr. We'll go seriously. Let us see.
>> Item number 35.
>> Yes.
>> Item number 35 report has come to file.
Take up this matter. Next week that has to be order has to be it has to reach.
Adam for the >> PLA Mor.
>> Yes, >> the challenge is the order of the PLA on dated uh >> ground s grounds. G but actually survey has given the report assessment is 6 72,000 but PL has not been considered the I'm going to fact ground onto the ground challenging ground s agreed or not you agreed before as per the assessment we are the insurance company we have appointed the survey sir when I ask you a You should answer that instead of giving your speech.
>> My lord. My lord.
>> Have you agreed before the PLA for the matter to be disposal? Signed the agreement or not?
>> No.
>> Not. So first you should raise that contention fast that we were not party to the agreement or we have not agreed for the disposal.
>> No no we my lord I the insurance company the award has been passed against our insurance company. Then we have to challenge that order.
insurance company will approve. Why you are presuming that I'm ahead of you?
The insurance company is a party to the case or not?
>> Yes ma'am.
>> Now the insurance company has agreed for the settlement or not.
>> Settlement the Yes my >> then how you can challenge it.
>> But because the as for the assessment of the surveyor independent surveyor the amount challenge I will read the judgments.
Say >> which judgment you are relying on to challenge a order in permanent local after you have agreed there signed the agreement and the court has proceeded to pass the award. Which judgment >> my assessment is not appeal you must understand that appeal does not lie.
What you are arguing is against you. If you start arguing assessment order was expert the amount was not determined those things are to be taken before the trial court in the trial court you have agreed now you're turning around we have taken it you no we have not as the assessment but court has not been considered award has been passed 50 something so you answer the query or record that you will not answer The query you have a choice.
Have you agreed to the settlement or not before the trial court or not?
>> We ready to settlement but have you agreed? No more case assessment.
If you if you want to challenge, you have to read. First of all, you must understand that you have to tell your client, the insurance company that local order should not be challenged by insurance companies because you are carrying. You must understand that we are also involved. We know what is happening in the local lot of effort is made, lot of persuasion pre-local consulation is made. There the parties agree then they sign then they present to the court then it is passed. That cannot be ground. This assessment value cannot be a ground for challenging a local.
>> Whatever they have been claimed my lord the cla applicant has been claimed in the PLA that amount should be at least considered as per the report of the surveyor.
You are talking absurd sir. You agreed for that settlement before the trial court. Now you are turning around. You maybe you why there is a change of mind that of you since you are raising you should have thought that before agreeing to the settlement.
>> See >> you cannot raise those questions after you agreed for the settlement in writing.
This will be replaced with heavy cost.
>> I five lakhs cost on the insurance company because I owe a duty to law.
Unscrupulous insurance company should not tinker with the process of adjudication settlement in local.
You should not accept these kind of briefs.
>> You are you are officer of the court sir. You if you have agreed if you have agreed you have settled you cannot turn around sir or not whether you will answer or not at your instance you are not conducting the court sir judge is conducting the courtly one Sir, >> it is my request not to conduct the court. Sir, >> you are crossing the limit.
>> I'm crossing the limit. Sorry, >> I have no you can't answer. Sorry. Have you agreed to the agreement at the settlement or not?
>> I get the instruction said yes. I'll record that.
Won't disturb the court when passing the order. My lord kindly posted after the instruction you are not the presiding judge here >> that you do as a presiding judge not as a lawyer my lord kindly said my prayer don't disturb kindly kindly become a lawyer in a court you are not of your client that you will not answer and you will go away saying that kindly might not answer why should why should you say kindness you are fighting somebody's right is not that big >> insurance company before this general insurance after aging before the local permanent local into bracket public utility services case number 35 of 2020 in an application under section 22 C capital C to bracket one of the legal services authorities act 1987 challenges the state order challenge changes the award by the PLA.
The application was filed by the opposite party.
See the goddess rice means as the applicant before the PLA.
The award was made on 23125.
The deponent in the presented petition.
The petitioner. The depent representing the practitioner in this uh the petitioner shall file affidate clearly stating whether they had agreed before the local for disposal of the matter in terms of the award So if they had agreed before the local PLA >> then the reasons for turning around and challenging the same by filing the petition.
The petitioner hear himself produced the artisted copies of the office records in which decision was taken to challenge the award of the localat.
Needless to say that the affidavit shall be filed by officer having authority and responsibility to do the same.
The matter shall be listed in the week commencing after tomorrow whatever sir it's my prayer sir I can ensure his presence if you say that I record and ensure his presence It's my prayer. Sir, >> sir, you also considered my order. I have considered your prayer. that I can't I can't support you in your m in this activity of turning around that is not that I order my lord mist at 10:30 p.m. Failure to file the acade >> considering the law laid down by the honorable Apex court in Jalur Singh versus state of Punjab.
construction versus ready enough is a matter concerned that a insurance company after agreeing before the permanent local as stated by the Lord council has been pointedly asked that they had agreed has decided to challenge to so they decided to indulge in further litigation.
which is contrary to law.
Sir, they have to obey you. They will realize what a lawyer means. Sir, >> this is the problem. When you when you do not stamp your authority, this will be the problem.
They have been the us today as a lawyer I did this like you and I was compelled to ensure personal appearance at 2 p.m.
Mr. Mr. might have catch and remember.
>> Sorry my lord. No, I'm >> no I'm extremely sorry. Bargain bargaining by a lawyer for these reasons are not good. You are looking at the convenience of the parties. You should not I have granted you sufficient time till 13. It is 5 days.
Do you know the travel time to Kolkata?
You must be traveling 1 hour.
Whatever here this is not the way sir party there will be a lot of you see these are being published in newspapers monitored by high court by supreme court if you do if you if if you have not agreed that if it has been filed what order has been there is no adverse order against you also >> my personal difficulty is there sir I will >> personal difficulty I cannot look at sir difficulty is also difficult.
It is not your personal case. Don't identify yourself.
They must they must respect and honor your words. They can't define terms with you.
13th shall be listed to be taken up at 14th of May at 10:30 p.m. Poor to file type in case of failure to file the the authorities appear in person 15 prayer.
I have told you I have said I have said I have suggested if you change the order I have requested There are tickets to Mr. The petitioner opposite party.
>> May I please file the prayer miller to direct the law judge hamil jaur to dispose of the uh CP number 50 of uh formula within a stipulated period.
>> Sir that order cannot be passed. Supreme Court has passed sign conution bench to want I can provide you the copy. So I will just say that if you make a application that's what happened.
So can then then I'm passing it over just go through this my life >> that will definitely benefit both of us because you'll be spending time of this >> I I can no it seems I mean knowing you I mean you you are so reasonable you'll have to have good only two paragraphs of it but it's a conution just how serious how the Supreme Court has dealt with Supreme Court has dealt with that Next putty.
Yes. 14.
Next Passover.
16 15 Mr. PK Mahanti sorry Mr. A sapati for the petitioner kumar mati standing council for the opposite party item 15 Mr. Yes.
Party.
The matter was presented before this court.
Therefore, it was listed on the coordinate range.
The memo the audited council for the petitioner refers to the memo dated 652026 which states thus the petitioner is seeking uh accordingly the petition is disposed of application is yes 16 Passover question 17.
>> Yes. Yes. Passover already passed over.
Yes. 17 pass over 18.
Yes, Mr. is assigned to crane sir.
>> Yes. Okay. 19 opposite party in the first.
>> Yes.
>> Yes.
>> I was served with the IA yesterday. My lords, I need to seek. Have you received the petition or not?
>> Petition I had received the IA.
>> So so I >> was filed later.
>> Fair enough received yesterday. I have to consider that.
>> Very well. I need to >> even even without serving I have to consider that because I have to see the prayer. If you have not received the petition then please tell that >> no petition because it's a matter of 25.
I filed a counter also counted not to be entertained in a division application.
Have >> you checked the law?
I just wanted to place some facts.
>> Oh yes. Can you >> not sure? Please please don't make that develop good habits as a lawyer.
>> You are arguing a revision opposing a revision. So check whether I can entertain.
>> Suppose I possibly you can say that I can enterain counter and other things.
It's not a re application in in revision the revisional court cannot go beyond the pings before the trial court. And who decision have to whenever you come to the court develop a habit of reading something?
>> Yes Mr. P.
>> Yes sir.
The connected matter RPFM 70 of 2026.
>> Yes.
>> There is a 125 proceeding before the family judge Nagard.
>> Yes.
>> And initially the husband did not appear before the court. uh your set expert and in maintenance order of 30,000 was >> in maintenance amount of rupes 30,000 per month was passed subsequently my >> to spend your time doing doing some also reading that would help you whether you can file 20 street.
>> Yes.
>> Yes. If you also kindly refer to my dead chat, I have mentioned in detail what happened there after uh 30,000 was passed in in maintenance 221 2021. The land family judge Niger passed that order. He did not pay despite that.
Therefore, execution petition was filed.
NB was NBW was issued. There the husband came before this honorable court. This honorable directed that in husband's application he wanted to set aside that expert order and to cross that order of inter maintenance. This honorable court directed five to attach the salary.
Thereafter he withdrew that his application and then contested your lordship had orderated judgment I'm sorry judgmentated 287 2025 the learn family court niagar fixed the pass the final judgment fixing the maintenance amount 16,5001 rupees it is a reduction of almost half the amount challenging that I have filed this uh revision earlier was fixed >> 30,000 Was was soft 125 3 modification was filed?
>> No seat uh no modification only 125 proceeding I file the mod when you are saying earlier amount was reduced what do you mean by that? uh that inream amount >> I'm sorry I'm sorry I could not make it clear that intim amount was 30,000 uh subsequently and final judgement was fixed that 16,5001 challenging that I have come in revision before this honorable >> so your your application is uh >> 64 264 you are you are challenging that final order >> yes >> and the connected connected It has not been copied and has not been solved. Sit upper mant.
>> Yes ma'am. You are there.
>> Yes sir.
>> So your application you are challenging the 16,500 >> indeed. Okay.
>> And in that as it seems here it delay first time has come. Uh delay is there and that delay has not been condoned.
First time it has come. Yes. So, so let us take your you placed your matter.
>> Have you completed reading par 20?
>> Indeed. Yes.
>> Yeah. Hand it over back.
>> So what are the grounds? What can challenge?
Now we sir I discussed or you can listen of course.
So the best part of this profession is that you always I mean once a student of law always a student of law. What are the grounds you can tell?
>> One of the major grounds is a manifest error in the order of >> and and if you mark that there is a say that the court has held interfered with the reason on the base that it would have arrived at a different or another con. So that is a direct it's a direct control I mean comment on the court not to assess again >> yes >> you have to go by the feelings there indeed >> yes >> manifest flu the language is not manifest sanctuary of errors this is written by honorable justice deep commissioner his language is yes >> yes yes before I go to the impute judgment I may permitted to refer to the objection which they have filed in the before the land court below the >> chips would kindly I'm actually appearing Mr. MIT is the record I'm actually appearing. I had actually conducted the first round of litigation.
>> Uh they have actually given us a miscase uh yesterday.
>> I understand. I understand. But it is their case. So your the case has been served that matter of 2025. The case the copy has been served. I'm considering the main matter. I'm not considering the >> No, what I I beg to understand is your this matter was actually urgent to a particular date. So we were supposed to take a little bit of instructions because the allegations uh which has actually been made as false everything had been paid and because she vemently never participated in the >> but but but if if if the council is submitting allow him to submit on the petition I'm not taking up the IIA.
>> No no all that I'm saying is >> instructed Mr. Mahhati told me that I I told him that I'm not taking up the IIA.
He said yesterday so I have a very if you can come on Monday I would like to address your but let me hear Mr. his petition I'm hearing his not I >> yes he kindly turns to page number 48 there objection before the learn code below that 48 >> 48 yes your running page 48 that is their objection before the learn trial code we have stated that I am a disute lady and I subjected to harassment and so I need the maintenance amount how he has dealt with the same Paragraph number 10 that the petitioner may be permitted to be that the petitioner is not only an arrogant lady but is also a character of termagnant in nature and always in the habit of living highprofile attitude with superior complexity though she came from a lower middle-ass family owing to her character she never used to take part in any duties of the in-laws house the hemitted that I have come from a lower middle- class family I should be that downtrodden I should not be maintaining the same standard there me in paragraph number 11 he contradicts his own stand he says that um being oh sorry I'm sorry paragraph number 13 he says that I have having higher qualification and I'm not destitute lady as has been portrayed in the application thereafter in paragraph number 14 next page 49 >> 14 is her qualification Yes, you can use the bigger one.
>> Yes, you're right.
>> Because if you go for the smaller one, you will. So, use the bigger one.
Yes, Mr. Mishra.
>> So, after that indictment from the AEX court, >> I cannot pass that order. But this is a different >> this this is I'm not praying for what happened just wait let this I'll take up the government yes >> yes in par 14 he says >> you have no difficulty in waiting or you want to go to another court >> taken up some others >> no no has to be disposed of these matters cannot be kept >> I I'm Yes.
>> Yes. Part 10, he says that I come from a lower medical you saying he landed in social work. Yes.
>> And 14 he says that I'm a daughter of the landlord. I have landed properties.
My father has landed properties. So I'm not entitled to any maintenance.
I'm coming to the judgement basing on what this judgment was passed and where the family court miscon is called fruit.
It is admitted 21.
It was established trial court also realized that I am having no source of income that is mentioning page 801.
Oh, inner page 80. Sorry. Running page 80.
Seventh line from the top.
Page number 80.
Importment. No. No. Again. Importment.
Page number 80. Last time it starts at page equation.
>> What is that?
>> I 264. Sorry I have I have offered other okay digital has this problem don't realize physically what is happening is judgment starts at 65 yes page number 18 running page 80 or C 80th line from the top Seventh line from the top start is although although there is no concrete proof do we think sir sorry sixth line from the top >> yes >> although there is no concrete proof to show the income of the petitioner from our employment and freelancing YouTuber but the records manifest that the petitioner has received her interim maintenance to the to tune of rups 13 lakhs 89,000 as 167 2025 the petitioner is facing sort so me thereafter After I permitted to take your ship to page number 82.
>> So that is noted that you have received 14 lakhs around 14. No that is that is ad 13 lakhs amount I have received from as the learned family court deemed as if it is my income.
So that the family deemed it as if it is my income.
49,000.
Yes. The petitioner is facing subtle hardship with without any permanent income and being legally voted wife of the OP is entitled to maintenance. That is in my favor. The B ple of the OP denying the affirmation and allegation does not come to his rescue. The argument of the learned council by placing reliance on the ratios of the honorable appex court that the petitioner has filed the case after an inordinate delay by not entitled to maintenance and specifically argued that the petitioner has substantial source of income and did not need to support the respondent for the maintenance from the maintenance from the respondent. She was sufficiently able and failed to agitate the maintenance claim since long. The evidence laid by the OP op means husband to sub substantiate that the petitioner left his home without any just reason and cause does not convince the mind of the court. The evidence of the petitioner that she was suffering from ailments and was incurring a huge expenses for medical treatment is not authenticated by the support of any medical prescription to establish the ongoing health status of our treatment.
As such there is no proof to affirm that affirm about the poor health of the petitioner. The parties are living in separation since 3110 2011. The evidence on record privacy established that the petitioner has left the OP in launch of evading her responsibility and marital obligations. However, it is also manifest that the OP has not taken any step for reconciliation and has made any effort to resume the cohabitation with her. Both the parties are primacy exceeding degree of cruelty against each other. The ops failed to establish any ongoing consistent permanent source of income of the petitioner from the documents exhibited as exhibit B and C to establish the income of the petitioner. The argument of the OP that he had independent he had a dependent mother does not cartel his liability to maintain his wife. The petitioner has laid evidence to prove that the mother of the op was a pensioner and has an independent source of income. The op has failed to answer and demolish the evidence about his assertion that he was a dependent mother. Furthermore, the assertion that the OP that he had dependent nephew to support his legitimacy legitimacy legitimately does not disclaim the entitlement of the petitioner or maintenance. It is opposite to place here in that the strict proof of 20 does not form the mandate allowing disallowing maintenance. Hence in my considered opinion the petitioner is deprived from the company of the OP and being legally voted wife to be maintained by the OP. The petitioner is entitled to maintenance from the OP. In paragraph number 11, the child court judge says Supreme Court in the case of Kand Chri versus Chri such and such in criminal appeal number such and such placing reliance on Dr. Kulusan Kumar versus Rajkumar and another reported in 1973 SEC 129 he has laid down that the wife is entitled to 25% of the net salary net salary of the husband towards the maintenance. The same has been held in her honorable high court in mata 95 of 2015 in Simati Ankita Mahapatra versus Arabinda Mahapatra. Taking into consideration the guidelines the petitioner wife should be entitled to 1/4 of the income salary of the OP to the tune of Rs 66,5 rupees that is 16,51.
The judgment relied upon by the learned advocate for the OP of the honorable Supreme Court of India in Rajes versus Nha. It deals about the adjustment of maintenance and in case two or more proceeding against the husband the petitioner on record has received a sum of rupees 13 lakh 89,000 towards our in maintenance. Hence the award of entry maintenance of 1389,000 be adjusted towards the final monthly award of 66,5 rupees divided by 4 is equal to 16,5001 towards the monthly maintenance. On the basis of discussions uh and the conclusive findings taking into consideration the capacity of OP to make the payment and reasonable needs of the petitioner an award of some rupes 16,5001 as monthly maintenance to the petitioner will meet the ends of justice hence ordered 16,5001 so that you are challenging the quantum basically >> yes yes I'm telling the quantum >> so actually I could not understand in fact you have not understood I have could not understand the paragraph Just above above par 12 >> because 25% is understood that it is 25% of 66,500 >> kindly take the order or read the order >> in the result application for maintenance is 83 in the result the application for maintenance filed by the petitioner against OP5 under section 125 of CRPC is allowed on contest in favor of the petitioner and against the OP the OP is directed to pay a sum of Rs 16,5001 one per month to the petitioner for the maintenance of the petitioner from the date of her application that is from 23 1220. The current amount of maintenance with the area maintenance which is payable to the petitioner by the OP in 10 equal installments on or before the 10th of each succeeding month. The interim maintenance awarded and paid by the OP to the petitioner be adjusted from the total area amount. On the failure of payment of payment, the petitioner is at liberty to realize and recover the maintenance award though the process of through the process of the court on particular circumstances there is no order of litigation costs. Oh, since uh the final amount I think that that is correct. If you have received the amount from 16 lakh probably just start calculating and you have a paper 16,5001 from from >> 1223 Item 19. 90.
AC child purchase 60 months.
Then four months 64 months.
64 D of 20 years.
So that will be adjusted. So that will be adjusted. That is fair enough.
My my challenge is the quantum 61,000 to hearing of course whatever to be to be fair I could not understand that paragraph confusing the judgment happened by But he has not applied that.
>> Yes.
>> If suppose in domestic violence in section 24 >> or that adoption and maintenance 28 any other order is passed and amount is paid that has to be calculated.
>> That has to be calculated. Your nobody's case is that your case is not that you are receiving not rather their case is not that you are receiving any other amount but 16,500 if you calculate for till the date or till today even till today even >> that is around 10 lakhs ma'am 64 months or I'll do that >> calculated for 66 months also it was coming to 1089,000 >> so you have received 1389 >> 1389 Interestingly that that the income the husband has sold that 66,000.
>> So that is a merit.
>> Yes.
>> But that the point is well taken that you are challenging the quantum obviously or else why you will come to the court.
>> Yes. He's getting more than 1.5 lakhs but he has s in the asset and liability that 66,000 only one month lift he has given I I I have announced that in NS 9.
So this has come for orders for for why >> because it was listed for some other date and they have prep so M let both the both the revisions be admitted. L that's what I was actually saying that that let it be admitted so that it can be heard some other day.
>> Yes in that the second matter I have not received any what you are what you what you are arguing that >> that's a valid point you examine the case law on this >> my now Mr. Mahanti has read it purposefully. I did not ask him to read the par 21 because 21 was that only that what would be the income whether because the language used is involuntary deduction taxation >> yes >> and other things >> voluntary deduction will not be but anyway that is a matter of argument >> my that is what I actually going >> after after uh this 16,500 is not being paid to you that that is your case >> yes that is my case that is not that is my case and since when stopped paying before that judgment. You don't see >> you because she has >> okay I mean just make it make it very simple state arithmetic >> that would be better instead of going when the date order was passed when it was paid total amount due till date 66 months you can check it check with Mr. kindly show the calculation 66 into 1650 straight away.
Good that you are hiding it in the file.
Okay. So I was thinking that how he's doing it like this.
>> Yeah. Before the matter only anyway 109 yes he's showing that now now unless the quantum is increased by the court as such that >> for a for a interim for for for now so that that 16 13 lakhs 13 lakhs will carry till which Now you decide so now you do the next job 89 of maintenance that would help 2025 what you are saying is correct.
But the problem is that you have to arrive at a figure >> figure.
>> So if you arrive at a figure the figure comes to 10 lakhs >> you have received 13 lakhs. So you have to be patient with the proceeding or if you agree I mean Mr. Rossa >> Lord chips agree for >> agree for without prejudice to rights and contention you continue paying 16 that amount not not we misunderstood on that point. No, you will never be misunderstood because it will direction asking for agreement is in the sense in this sense of the but not the higher amount what we are trying to say is this that she has an additional amount of three lakhs something with herself right now so she cannot be said that know she's without money >> but but but but miss if you read the paragraphs though I mean if you calculate the I mean can you again read the operative paragraph Mr. Mr. It says something else.
In the result for maintenance filed by the petitioner against the OP under section 125 of CRPC is allowed on contest in her favor in the favor of the petitioner and against the OP. The OP is directed to pay some of the slowly. I see >> 16,5001 per month >> though op is direct >> but addition is not sub addition comes to 13 actually from the data for application the current >> the current amount of maintenance The area maintenance which is payable to the petitioner by the OP >> in 10 equal monthly installments.
>> I mean what does it mean?
>> If anything is pending that it seems recorded.
>> Of course the court has not calculated like we are calculating now >> that's the problem.
May I may I just say please let us exchange our pleadings. Let this come after vacation on the first week itself. We will address and finish the matter.
>> Problem is that this month the husband is retiring my lord.
>> Yes. Husband retiring that does not executive engineer. Two years back he was executive engineer in re department.
also >> how how will impact I could not follow you >> he will stop paying the monthly maintenance amount because he has retired he might say that and since two times NBW was issued one time honorable high court directed for attachment of salary his checkered history that not following the court order my anxieties I understand or anxiety of the petitioner I understand Or obviously he cannot do that.
>> He has an ailing mother and he himself >> somebody's nearing retirement means he also must be having all kind of diseases and his ailing mother I mean no s Newtonian law I'm not saying that you're >> then please don't submit before the high court because you are entering at 62.
No.
Even people at my age at 47 also have disease. So I would not say that because age what I mean to say is this that you know I'm aware of the client's condition. She already has an additional amount. I think nothing will go wrong if your lordship takes this matter on the first week after the vacation because I can't on your next >> most likely that court has not calculated that is how the order ordering person is different >> yes >> ordering person presumes that there is something >> as well as it is to be added to the current >> yes >> but the court itself has recorded 13 lakhs >> you may also say that there was another round of litigation also where another coordinate bench took a little note that she was actually purposely delaying the ending of that matter and was taking that big amount here. So this conduct have been there at the side of the petitioner. So I'm just begging that it is not about my conduct at all.
>> There are 13 application pending >> no what? No no no your information is not so >> if so in fact when when Mr. Pra was placing it I marked that that there is no 13 application or nine application is pending. If 13 is pending then that question of whether it is prolonged or although not prolonged that's that would be a question. So none at least my conduct has not been that bad your leg as that's a complete misconceived submission if there is a 13 application somebody is receiving entry maintenance still 25 is passed permanent alimony then that can be that can be suggestive of conduct but here at least the parties have chosen not to I mean file application >> we'll come back with all the instructions first >> whatever I mean So it be they may be happy that way. We we can't comment on that.
>> Yes, we can't comment and we can't even force them the other way. I'm very conscious about that confirm that there is no 13 application.
>> No application.
>> The council for the petitioner is heard at length appearance.
Mr. Gian Fa for the petitioner miss senior advocate along with Mr. to raise Mahanti for the opposite party.
The petitioner wife in the marriage is before this court challenging the >> orderment the judgment >> 28.07.2025 passed by the family court in crl.fe FE number 187 of 2020.
Hello the by the judgment by the state judgment alongate J family court has uh favored the application under section 125 CRPC uh 125 into bracket 1 into bracket small C of CRPC filed by the wife in the marriage seeking monthly maintenance at the rate of Rs 70,000 per month and 20,000 towards mitigation expenses. However, the amount of maintenance awarded is rupees.
The further direction by the LA the the it is principally submitted by the L council for the petitioner that uh the judgment suffers from incorrect appreciation of facts in as much as the amount awarded as maintenance has been arrived at by by by by holding the monthly income of of petitioner will be Res 66,000 6005 >> 600 sorry which on the face of it is improbable when the petitioner was working two years back as a >> executive engineer executive engineer in the department of >> rural works in the department of rural works of the government of OISA by order 1012025 uh the coordinate bench had issued notice on admission and state stop person to the pursuant to the notice being sufficient Mr. Miss Mahanti London council has entered appearance.
Miss Fin, senior advocate has been uh engaged to argue the matter on behalf of the opposite party.
The matter is admitted.
No further notice be issued for admission hearing in view of the appearance of the opposite parties.
The it seems that the LA trial court has relied on the exhibit of the pay slip of the petitioner to arrive at the figure6,000.
>> Sure.
The copy of this the copy of this uh application shall be served by the additional standing council who shall obtain the details of the pay pay received by the opposite party from the government which will include the voluntary deductions made the involuntary deductions such as tax and other things.
The petitioner the opposite party if so advised may file affidavit supporting the statement before the learned trial court that he was in fact he is in fact receiving rupees 66,60500 6600 >> whatever 66 so indicate the net pay the gross pay the voluntary uh involuntary deductions such as tax and other things, the voluntary deductions and the take-home salary stuff. The matters will be listed for admission in the week commencing you.
>> Yes, Mr. Sorry.
>> Listed in the week commencing under the heading for admission in the 200 submitted by the Lord council for the petitioner that uh The petitioner is uh the opposite party's retary and his past conducts is such that for enforcement of the order of maintenance two times NBW was issued there was a order of attachment >> from this honorable court >> from this honorable court after which the order could be complied with. Uh I think you there is a little mistake in that submission. There are other facts to it. Actually those orders I think were recalled or something may not correct the submissions of the council of the petitioner. She submits that there are other facts which needs to be mentioned before the court. Stop.
Perusal of the ordering. Preparation of the order passed by the judgment and order passed by the law judge family court indicates that the amount payable of the amount directed to be paid is with effect from the date of application.
That is from played by the petition of that is TCur till it comes to uh 64 months.
If for 60 64 months the amount would be 18 multiply as observed by the United family court.
The petitioner has already received rupees 13A 9.
64 months 1590 divide by 1650 >> 84 months 84 months you got and if that is divided By the amount directed to be paid it comes to 84.
Therefore the amount due as on date would be uh therefore as on date no amount would be due considering the amounts will be 16,500 stopus It would line 10 56 56 864.
So as date no amount would be due if the amount of maintenance is taken to be is further directed the petitioners shall file affidavit giving details of the retal benefits he will receive upon attaining age of superanuation.
The shall be filed by the next state upon serving copy thereof on the law to the petition.
Yes, RPFMC Pam senior advocate along with Mr. Race Mahanti for the British opposite party blank.
Uh the application has been filed by the husband in the marriage which is taken up along with the application RPL uh through Korea policy.
Both the applications arise out of the judgment passed by the judge family courtesy in crl.p P dot number 187 of 2020 the application was favored however granting Rs 16,5001 as monthly maintenance though the prayer was to grant of Rs 70,000 monthly maintenance and Rs 20,000 towards litigation First in the connected RPFM which was heard at length the m in the connected uh RTFM which has which which was heard at length after notices were issued earlier by order by the coordinate bench purchasing has been admitted.
The par in the present application the husband in the marriage the petitioner husband in the marriage challenges the award of maintenance upon a quantum you denying maintenance >> denying the maintenance challenge the challenge the grant of yes your young council is correct you are denying the maintenance >> yes he himself has adopted challenges the judgment and denies the his liability to pay maintenance.
Now is notice admit is notice by denying maintenance.
IA has been fined seeking conation of delay of reported delay of uh >> delay in value 105 days >> 105 days >> 105 days >> in view of the fact that the corrected RPFM has already been admitted uh sorry the connected RPFM was uh was taken up notices were issued by and admitted by today's order.
The delay in uh in the interest of justice and fair play. The delay in filing of the present RPFM is condoned.
Consideration of the this court has gone through this court has gone through the IIA supported by affidavit indicating the explanation explaining the delay in filing the application.
The ground sold are found to be sufficient and reasonable to condone the delay. The ground stated problems not s ground stated the IA is favored and disposed of RPF admit is notice Mr. GN folder council submits that he has GN fa who is appearing in the connected application. If >> submits that uh he has instructions to appear in the present application for the opposite party. Duly executed Okalatama shall be filed within >> three or two days >> within within five working days upon filing of theama. Name of the law function accured for the opposite party shall be uh uh shall be reflected in the cost list as well as the case brief.
Hello. the copy of the RPF just for copy of the revision application shall be served on the awarded council for the opposite party within three working days. through. Yes. Revision application along with all connected papers.
Yes.
Both the the the both the applications I'll be listed in the week if I may suggest time maybe 2 p.m. or 3 p.m. So that you have to Delhi you have to become outstation council.
So that you can make prayer that since I'm coming from Delhi so my matter may be fixed you take advice of your senior was fixed at 3 p.m.
it is to be deferred by your lordship send it for mediation >> sir 16 >> that was fixed to 3 p.m.
If you are not in a hurry, I'll call serially. You will call serially. Just give me a moment.
>> Get deferred.
>> Okay, no problem.
>> Because the cancellation is going on.
>> Yes. Yes. You suggested date.
It may be in July because there will be further progress.
This will be the third sitting.
Yes, please take.
>> Yes, please. Please need to be noticing how much time you working this pres yes >> that is my understanding requisites of file vister Yes.
>> Yes. Mr. Mr. I'm not praying to I'm not praying to be disposed that I'm not like this file for husband has filed a picture counter and it has posted forming of issues at that time the wife has filed a stated that the ma is pending before the honorable high court ma 177 of 2023 Three um which arises out of a pit rejecting the order rule 13 pson or section 9 pson was filed by the husband that was expert against that is pending no state that was not admitted no state order was granted it was sent to consulation because of that charges not being timing of charge has been that I'm noting priority I'm sorry.
I'm sorry. I'm sorry. I'm sorry.
Now you have read that priority I'm not claiming the Supreme Court says that how this court cannot direct for that also I'm not praying law then what prayer is may say only that the issue may be filed issue may be settled And that matter proceed because this lookout and no stay or it was not admitted also. Notice was also not issued only limitation of matter notice was issued and it was matter referred to the mediation because of that that is tall that is my I'm not sir the situation at the grassroots level is better known to the judges of the courts concerned. Yes. I I I have gone through I'm not claiming now then then then kindly answer this query.
>> Have you taken any steps for framing of issues?
>> Yes. that has been done because it is that's why I I referred for consiliation >> consing consiliation how the will proceed will proceed. So I will only say that that if a application is moved making any prayer this same shall be considered in accordance with I not give any specific direction whether he will whether he will f issues whether he will now start cross examination whether he will start examination chief that I will not no that I not only because of pendance of 177 m 177 that is not that is called that is the order >> so you have to approve the matter code if you are saying that ma code As let us let us assume let us assume but kindly assume that the proceeding in the ma court before the division bench before high court has interdicted the suit there >> notice whatever s how can I I pass that >> notice >> on your you are yourself saying that I don't this a division >> so you can approach that obviously if you if the pendency of ma has somehow interdicted the suit there then ma you have to Make a prayer not.
>> So what my instruction is that the consulation has failed. Report has been given report has been given.
>> Actually you should have moved the m could have made some observation.
>> So because what you are saying is I I I understood because that because of pendency of the matter nothing is happening. Constellation has failed.
Section has been also section 9 has become in piling up this section 13 whatever so that prayer should have made the mat. So what I pray so let it taken up some other dead blood.
>> No no no in the I will move rather rather if you move the mat I'll move the mat so that I'll direct I'll observe. In fact I cannot direct I'll observe I cannot direct whether you'll move the mat or not.
So because that this kind of order cannot be passed by this court in view of the Supreme Court. No no now you have I agree with you lot. No no m now now you have said that the consulation is by the direction of the division how the single bench will take it up.
>> No no no no sir priority not priority mage the consulation report and you want that the trial court should proceed. That prayer is to be made by the direction to be by the mut not the civil and also one judgment >> that would be that would be fair is no judgment that when no regarding this sing has held because how this case should material cases should be >> I rely on that decision decision and in fact by the honorable I understand but obviously they have not said that whenever I should move the yes you are saying that the matter is not proceeding observe The the application has been filed with the following prayer.
>> The parties to the present application.
The petitioner in the present application is the husband in the marriage.
>> Husband is the party is the wife in the marriage.
Husband is the petitioner as well.
It is uh submitted by the L council for the petitioner that Mata number matter number 177 of 2023 Mata 177 of 2023 by the opposite party wife in the marriage challenging the party family court by the opposite one Family court.
>> Family court.
>> Okay.
>> Just family court.
>> I mean oft number >> in CP number.
and CHP number 9 of 2022.
Stop. The same CP was filed by the husband in the marriage under section 9 of the Hindu marriage act seeking restitution of polical rights.
The CP was uh favored X party against the wife.
Hence the matter stop.
It is submitted that though the petitioners has uh in the rate application has approached this score for uh uh family to proceed in the petition CP number >> CP number 50 of 2014 >> 50 of 2014 which is pending for the >> 20 2020 24 which has been filed by the husband in the marriage under section 13 of the Hindu marriage act seeking resolution of marriage and decree of divorce.
Ah yes, it is submitted by the for the petitioner that uh during pendance of the mata before the division bench which is still pending. The matter was referred for consulation and as for his instructions consulation is failed.
>> Report has been >> and report has been received. submit >> medication with medic I'm sorry medication medic submitted that the practitioner reserving his right to move the for the division bench for which the ma is pending we will not trace the present application application this problem.
Yes. Next.
>> Yes.
RPFM. I have filed an interim application but the case is notice issued.
At the time filed in for area petition has been filed claiming seven years What is the amount of degrees?
your name on behalf of Mr. I am only requested for the mater instruction.
>> No, no problem.
>> Miss Vidisa say for the petitioner miss you writing B or V B.
>> Yes for the party.
That is not a that would be illegal or pass that since bother because if that was the plea before the trial court the trial court has not taken note of that then it's a different thing now they have filed an execution petition claiming maintenance of seven years that you going behind the decree.
It is your choice.
You are arguing against yourself.
Now I will ask you possibly I can interfere.
some amount I can Smue evidence.
Op number two now he's This is judgment.
judgment Ed Queen not total demanding I have to executing court cannot go behind the decree behind decree only mother I have to reject that I reject it you are chopping up the branch where you sitting Let's start.
Your point is completely accepted that will not get after 18 years. Yes sir.
Single 125.
125. 125.
Sir, you have default in 2016 cannot be helpless, helpless and helpless.
The amount of maintenance amount of mainten for a day. I think it is difficult.
I have to reject that because you have remain defed for 10 years. How can you say you default? You cannot take advantage of your default.
instruction already instruction. How much problem?
It will be a kissing expedition.
So it goes on the saga will continue that very you see he's such a stubborn person souls are to survive. He has not given 4,000 rupees for 10 years and now he saying that as if he's doing charity by not depositing.
about 10 was 32 years. She has to fend for herself.
Person has changed.
What they will do? What they will do?
Twins, twins, twins, single mother. Single mother. How they would have survived?
You would have done some Are you married again?
>> No. Yes, I have married.
>> That was the icing on the cake. I could guess it. In fact, I'm not telling you.
>> So that that one.
>> So actually the the court is very lenient. It should it should have issued a distance for it. Court is lenient with you.
Sir, you are having your happy happy married life. The the poor souls they are struggling so many things are behind that that I cannot if we go behind then you'll be behind bar. So in another bench of this court always issues ar detention and that is mandated by supreme court. In mrial matter, Supreme Court has said this is police the opening paragraph 7 years have passed for implementation of a maintenance and it is not in that matter was argued also.
That that is your argument.
I I will obtain four lakhs four lakhs.
Four lakhs or it will be it will be a cross violation of the fundamental right of four source. for source.
All are now there.
I will instruction deposit the sum get some order. Next next order.
So you have done well to keep quiet and having patient spending your time because you said that I do not have any instruction. I I do not know anything about the case. Yes, >> I'm the copy. I'm sub copy of the is so the petitioner husband is report challenging the judgment dictate laws of panchi pura passed by the judge family court pura in criminal petition number 22 of 060.
The matter was presented before this court on solar notices were issued on Bisa on 318206 non appeared for the petitioners.
The coordinate bench I'm sorry the register judicial noted that the notices to OP3 was returned answer and face steps were directed to be taken steps for issues of notice were directly to be Thereafter the matter was listed on has been a has either been a or the petitioner has repeatedly remained absent after the matter is kept pending. for 10 years and I has been filed in the year 2026 after when when when the judgment is put to execution by the opposite parties before the landed uh by the petitioners before the Lord Judge family court who are the wife of the opposite party who uh and and uh minor children.
One son aged about 13 years and two sons aged about 7 years when the application was filed.
In view of the judgment rendered by the honorable epics court in Rajnes versus Niha, the amount directed to be paid as maintenance is akin to a money decree to sustain the challenge.
The petitioner has to secure the amount stop.
On being asked to run a council for the petitioner submits that as per his instruction the petitioner remains in default for the last 10 years.
The amount due comes to around rupees 480,000 for entering the application the revision application. The petitioner has to secure the amount of rupees 4 lakhs.
If so advised by depositing the sale before the executive code the petitioner has adjournment the council shall obtain instruction list for orders.
In the week commencing is next Mr. Senior council along with Mr. J brotherh Mr. Ra I just forgot his name.
on behalf of Mr. K escarind with Mr. J. Brahan for the petitioner Sai Shuha >> Mr. Sai Subhan on behalf of AR DAS for the opposite party.
It is it is informed by the London senior council for the petitioner as well as the London council for the opposite party that there has been progress in the mediation uh between the parties to arrive at settlement acceptable to both. The next state of medation is of stating further uh report furthering report of mediation the matter will be listed in the week commencing.
Okay. Make your efforts try to settle it. Yes. Next please. 17 non appears for the petitioner.
Though the matter is for twice over noun appears for the opposite part long is also present for the opposite parties to grant further opportunity list in the week commencing this for the week commencing 18 Mr. In this case, >> the practitioner challenges the order date 2012 2000 of the L in which I filed a petition for condonation of delay.
of delay of 150 days my in filing of this appeal mam.
>> Okay.
>> Already the honorable court >> Supreme Court in SLP number 20 last of the order.
I number 206 dispensing dispensing dispensing already accepted 2210 201 18.
>> Yes.
>> The condolination of delay has not been allowed.
>> IA 206 of 2024.
>> Let notice. The IIA has been filed by the appellets under section five of the limitation act seeking condemnation of reported delay of uh >> 120 days in filing the appeal. M >> standing council submits that the when the appeal was filed the civil appeal before the Supreme Court was pending regarding condemnation of delay in filing Ma the the civil appeal has been disposed of say discourse of fire.
The judgment paragraph 27 of the judgment is reproduced here.
Okay.
Submitted by the council, the art study council that test The delay in filing is to be controlled in view of the law laid down by the honorable epics court in S3 global bill supra is notice the Huh?
For is of notice to the respondent shall be filed within a period of uh seven working days.
Notice for insurance of notice by post with registration and proof of deliver the polarity returnable date be fixed to the matter shall be listed for orders in the week commencing.
I file another 29.
No ordering Supreme Court. Another eye has been filed first of the imped number 219 of 201 council for the appellence.
He submits that unless the operation of the award is state judgment judgment is state judgment award for incident award is state the appendent has suffer irreparable loss and injury it's done so notice as above set one set of process fee as well as postal units along with election issue notice issue notice in the IIA and the appeal code and the appeal election issue notices above accept what set of process fee and post requisites the returnable date and the next date of business has been as directed above in the it is directed that the execution case the claim judgment is passed by the lawing officer capital L a R and our authority northern division former subur shall remain state until further list anybody to mention. Yes.
Item 20 Mr. for the opposite party is submitted by the Lord council for the opposite party that he has filed objection copy of which is served on the council for the petition matter is matter shall be listed for orders in the week commencing Yes. Call 21 Mr. Proas Chandra Jenna for the petitioner.
The land council for the petitioner refers to the office note which indicates that m notice issued to the sole opposite party has been returned on delivered with postal endorsement portal.
It is submitted that uh the petitioner has been able to discover the present correct address and notice may be issued a fresh in the present correct address. Stop.
Prayer is allowed.
Petitioner shall take notice in the present correct address. Requisites shall be filed within three working days.
Unutilized copies and requisites shall be utilized.
Upon filing of the requisites the regists notice in the matter list after deport to mention yes please next to Mr. SK for the petitioner opposite party opposite party send for the opposite party mentioned you agree for that or you have object Copy.
The council for the participant.
The council for the opportunity party.
The office indicates that uh due to filing of incomplete requisites for issuance of notice notice could not be issued.
No.
And in the meanwise the opposite parties have appeared.
The opposite party has appeared represented through Cokumar PK center and the associates appear to run council CK P and VK center and associates from the opposite party submits that he may be provided with a copy of the application as well as uh other annex application along with annex the council for the petitioners I will provide copy of the application and announcements within three working days is 23 right. The matter shall be listed in the week commencing shall be listed for earlier shall be listed for in the week commening for the petition.
Yes please.
>> Uh this I for delay 238 days for my report. What what is the revision about?
>> Revision final order of the 125.
>> Yes.
>> They passed by the just family court just >> and awarding 15,000 in total 10,000 to the mother and 5,000 to the soners.
>> Yes.
If the delay process with the learning council appearing in the trial court, he has not take part in the proceeding not intimated with the order and the heed and given 21,000 depositor and release on for000 they becoming asond mentioning the without any merit of the case without considering any.
Yes.
without liability without any proof of income that has been assessed by the court. So the problem is problem for the court is court cannot aid it because I'm saying 128 I have seen again before when I started in 99 I went to Bkar then I went to the district court where I saw everyone is standing I think it was I think it was in divided divided it was >> again >> at least four five person. Sir, Okay. Ask him to deposit authoriz I pray 53,000 let me to deposit some amount the problem is then it becomes like you have seen I think you are there again >> because because because because because court is not doing it purposefully.
Court is overend.
So I mean this is happening because of indirectly we are party to the whole thing in updating the maintenance awards. What has been said in some is correct from one court to another court it takes seven years time.
instruction. So, how much you will deposit?
50,000 oneak $50,000 23,000 345 23 months Right.
Very reasonable.
Nice.
They are see the law is made for that for those I mean both minimum wages because I have already seen some cases minimum wages it comes to My love instruction.
The petitioner hearted council for the petitioner.
If you put your client to terms, they will not cooperate with you. My Yes, sir.
Uh the petitioner husband in the marriage is before this court challenging the judgment dated.
The said judgment court judge pool in criminal proceeding number of judge.
The pro criminal proceeding was initiated by the wife in the marriage and the minor child represented to the mother guardian under section 125. You take your seat. I'll just take two minutes.
Uh under section 125 of CRPC seeking monthly maintenance for both of them.
125 bracket is simp and substituted by f material provision front ending section 144 of the family court it was stated that the marriage was on and The opposite party of husband father has neglected to maintain the wife and child stuff.
The application was uh favored directing payment of rupees 10,000 for the wife and 5,000 for the child.
Though the claim was 15,000 for the wife and 10,000 for the child.
Apparently the opposite party was set expert file is like party file contest allow it Excellation line the cathedral.
It is submitted by the L council for the petitioner that the opposite party uh could not uh of the surname. It is submitted by the council for the petitioner that execution has been launched for reinforcing the direction of payment of monthly maintenance.
The council is apprised of the judgment of the honorable epics court in Raz versus Neha wherein it is uh wherein the honorable epics court held that uh the maintenance awarded to wife and child is akin to money decree. The petitioner in order to sustain the challenge has to secure the same.
Now the petitioner has agendment council shall obtain instruction. The matter shall be listed for orders in the week commencing author.
Yes. We commencing.
Yes.
Yes, sir.
27 lots of I'm on VC 27. I'm on VC 26 27. Yes, ma'am. Uh your lot your lot of my on behalf of my senior due to the on uneventable medical emergency your lot I humbly pray that this item may be kindly be taken up any day next week.
>> Yeah Mr. Sudhakar Ra is appearing senior council. Uh yes along with sushkumar party my senior sushkumar party miss subhas prahar on behalf of srosumar party but the petitioner Mr. What is the entry model additional standing council for the opposite party from the 1 3.
Still the Jane Panda you are appearing here >> on behalf of Mr. Bishu >> Mr. Bishu Mr. Bishubari Mahanti along with Mr. Sorry I forgot your name >> Ganandra Mr. Ganandra Chaitanya >> Mr. Ganendra Mr. Ganandra Kund >> Ganandra Chaitanya >> Mr. Yes sir.
Mr. G Chaitanya you say G Cha that is how I'm unable to refute Ganendra Chaitanya on behalf of along with Vishuari mantipar rup four adjunment is sought for on behalf of the council for the petitioner on personal grounds on ground of personal difficulty the methods shall be listed for orders in the week commencing.
The matter will be listed for admission in the week commencing entry model.
Any difficulty in contin from 194 2023 till continue?
>> 1942 23. Yes. A lot sir.
entry model dated 194 2023 I'll continue till the next state of hearing mandi in order seeking on medical health ground of the the council >> my lord health ground I should not have objected >> so now you should also sit down and catch will break >> my only thing is >> so that Mr. Chhatta will not help them.
>> But only thing is the matter has virtually become infruous. Your lot kindly see what was the >> you see them challenge.
>> I'll hear you just just after one two matters I'll hear you. No problem.
>> The matter just just wait to hear your senior.
>> Yes or sir? has passed over that order is there already dictated but just wait what he is saying just listen to him >> yes a lot >> you take your seat Mr. M just catch your breath Mr. Susantoisha Mr. Bharat Bushan Ra for the opposite party ajournment is sought for on behalf of the council for the opposite party due to personal difficulty the matter shall be listed for admission in the week commencing.
Yes. Next.
has pointed that order dated inadvertent mistake has scripted to the order dated.
The serial number of the order shall be corrected as seven instead of six.
Necessary correction be carried out.
Yes.
Next.
>> 29 29 first item.
Two petitions. Two petitions by >> the >> two petitions by one one is by wife and one is by husband.
>> Yes.
>> Husband husband is seeking transfer from Rahula to Jaspur. Wife is seeking transfer from Jaspur to Rahula. Last occasion I had suggested for a middle person that is on or what >> that is my case 18 by 25 that is in that case that has already been defamil Mr. Pending was saying that this matter has been disposed of.
Yeah. Yeah.
What is your 498.
He's arguing in your favor.
answer.
It's as simple as that.
husband.
You should you should argue. I mean I mean you are making open-ended argument.
That is the whole problem.
Not going to labor engineer husband to be the daily >> the diploma engineer why this has happened after he has engaged to become a daily level he's a diploma engineer should engage.
So if all the cases are a good point, Mr. Of course that ICT is available that will be there.
It has to be >> fastpac author of a medicine failure medicine failure failure Mr. Ashokumar bea for the petitioner along with Mr. You are Mr. Sutra yes sir Mr. J swine J swine for the petitioner Mr. Pabitra Kumar Nag for the opposite party.
The petitioner wife petitioner husband in the marriage is before this court seeking transfer of criminal proceeding number 109 of 2024 pending before judge family court to the court of law judge judge pro taking transfers using transfer by filing application under section 47 port 47 of BNSS 2023 stuff.
It is submitted by the learned council for the opposing party that uh states criminal proceeding number 109 of 2024 has been in the meanwhile disposed of by order dated.
>> Okay.
81262.
>> Can I can I get a help from my friend to have a copy of that?
>> I'll provide. I'll provide.
received by the Lord's family called Raala. He produces photocopy of the said order which is taken on record. He self-s serve a copy of the order on the law of council for the opposite party.
It is submitted by the law council for the opposite party that the judgment has been rendered expert.
stuff in any view of the matter after the petition has been disposed of the uh the the application under section 447 of BNSS for transfer of the asset application would not survive and accordingly the same is disposed of TRPC 402 of 2024 Mr. Pabitra Kumar Nag for the petitioner Mr. Summar along with Mr. Party has referred the matter to for mediation which has failed as per the reports.
Apparently opposite appearance. The wife in the marriage has filed application for transfer under section 447 of the barns 2023.
uh for transfer of civil proceeding number 368 of 2024 pending before the L family court Jaspur to the port of learn the CP has been initiated by the husband in the marriage under section 131 13 into packet one into packet small I Roman I A package I B of the Hindu marriage act seeking dissolution of marriage and decree of divorce between the parties of marriageized all the uh it is submitted by the Led Council the supporting the prayer made in the application. It is submitted by the Lord of the petitioner that uh there are three three cases between the parties that I mention three cases between the parties which is pending before the judge's family which which are pending which are pendings It has been disposed of.
Thank you both medicine.
Petitioner summits that in view of the provisions contained in CP section 9.
So criminal mrial case >> matrimon the opposing the prayer for transfer the council for the opposite party refers to section 17 of the children marriage act.
Section seven of the family courts act.
Sections 9 and 24 of the civil procedure code to submit that in view of the clear statuto. The court has jud court justice has jurisdiction to enter 10 and accordingly the matter should continue to be tried at jash stop is submitted by the law council for the petitioner that the distance between jajpur and raila is substantial that is about nearly 500 is about 500 kilometers.
The petitioner is already prosecuting has been prosecuting three matters at out of which one has been disposed to and two matters are still pending at she stays with her parents >> stay >> she stays with her parents at after her marriage has gone into wrong phase of accordingly the summit that the prayer should be allowed therefore transfer should be allowed having heard Council for the parties in considered view of this book though the confensials raised by the law council for the opposition party are uh enable but taking a line view regarding the status of the wife this court directs transfer of the CP numbering at so and so jur to the court at LA family court of products have shall be forwarded to the just as well as learn just submitted by the council for the opposition party that ICD paragraph so you also have the liberty to appe but it has to be according to the rules and subject to availability of the facility. Yes.
Yes. Next.
27.
Hello.
Can I can I Yes. Can I draw your lordship attention to >> 19 of the EDS control order?
>> Yes.
>> Your Lord may kind >> Yes. So it's an order which is applicable going by the clear language appended in the statute itself.
>> Yes.
>> So the repetition on that ground is not maintainable. This is my preliminary objection which I have raised in my counter as well but in my in my counter it a bit I have clearly raised that point as well that has gone uncontroverted till today reading your counter besides besides besides your lot who actually they are always wagging Mr. Lena Mr. Manti Mr. they always stand up and say so I'm not there only with permission one no I'll record your submission one more sentence my lord the very same license on which he has been the petitioner has been relying upon by placing it under anx one clearly says that Under this control order of 2016 you l kindly come to page page 8 only first line.
>> Yes. Subject to the provisions of Orisa PDS control order 2016.
>> Yes.
>> And that views the provision of 19 and your lots may kindly then form to one more page that is page 10. No, in fact there are several application at least I have also disposed of that 19 judgment delivered by this honorable court also clearly says that the repetition is not maintainable which I I'll >> and and and actually also I don't know how whether they are skeptical in two cases I have found the appate authority has allowed the appeal when the matter was kept pending and this court directed that you conduct inquiry they have given a Mr. A has very clearly filed an unique thing. He says that there is no allegation >> in that event. Let them file that appeal.
>> But >> and besides my Lord, this petition has been filed after the period of subsistence of license is long since over license was up to March 31st March 2023. As for the anxi Council submits that uh the order before this court is applicable. The order challenge before this court is available under section 9 or order 19 of the OPDR control OISA OPDS control order control order 2016. published.
>> He further submits that the appeal has been fi the the read application has been filed after the period for which the petitioner was engaged as a PTSD dealer was over.
Yes.
Yes. Can I can I frame what has happened taking advantage of the inter operating in this case the P pos machine supplied by the government that he returning he's not returning back his favorite Mr. Be directed you return the PS machine Mr. probably wants that he will have that so what what he will do >> so my the ent system is going >> for PS actually they I think they would have tagged it to some other dealer >> they have tagged that is what they have challenged the order of challenge is the tagging why the tagging took place it >> there I differ as a lawyer I was discussing with Mr. asked that if it is not tagged if it is it is allotted to another person then there will be suppose now the appeal is allowed or say it is allowed >> then if it is not tagged you cannot get it back >> yes it has been tagged >> tagging is a proper method >> yes the present is a tagging other person who has been deprived of the dealership >> yes >> no he such a contingency will not arise he can be again engaged >> here another existing dealer has been tagged with this of this particular dealer so there is no such contingency which will arise Yes.
Among all the Yes.
Yes. Text.
>> Hello. Item 30 on already ahead of I mean really the time is over.
Let us go serious.
Opposite party never appears. This is petition is filed under 447 of BNSS to transfer the CMC number 49 of 22 and 25 of 22. My so far has CMC number 25 to 20 >> since you are you are there you've not seen the report of the LA assistant session >> this case may be taken up any other day since I'm not feeling well today >> I I have already assured that I have not passing any other adverse order much less so just whoever is mentioning urgent matter that I'm looking at >> interim order is there 10 9 2025 interim order was There was a earlier order by this court directing the trial court to give a report. So what is the report I'm going to inter Yes.
This is task for the British opposite party to the order and the subsequent order.
Assistant judge, my office letter has intimated the registry of this court that uh the order passed in the present has been served on the served on the opposite party parties on chisaries to the office of the court of the civil judge senior division desk of dash assistant session judge into bracket women's court bracket closed from on however no one is appearing for the opposite parties despite sufficiency of notice stop the the council for Petition six extension of the inter. So the order dated uh >> 10 9 2025 >> 10 92025 is reiterated passed by the 48 bench is reiterated.
uh the CMC number 25 of 2022 pending before the uh learned uh judge learned assistance into women's court shall be adjourned beyond shall be upon a prayer being made for the same purpose to a date as should be convenient to the 114th season of the matter.
The matter shall be listed for admission in the week commencing 38 31 32 31 Yes, please. Yes, Mr. P.
Date after vacation 31 32 32 your better Mr. 32.
Yes. Yes. 32 after stay for enhancement of maintenance. Yes.
Opposite party has not filed his assets and liabilities.
>> Since the time is over, time is over.
You take a date because now order cannot be passed. Other side has to be heard and you have to be heard. My lord 39 appearing for the opposite party.
opening next week. Yes.
Restoration last week under the impression.
Yes.
Next week next week actually is since I'm monitoring how many matters are listed next week shows already 150 >> this is the issue because once we start enough to lease this matter No.
>> I have to list. I have to do the work.
>> We commencing.
>> Yes. 35.
>> In this case, my lord, in this case, medicine report has come. Both parties have agreed to file the 13B of Hindu marriage act and money already fixed.
Keep this matter any other. after you obtain 13B 13 I'll the problem is that that is to be passed by division 13 what is that cricket the court will not detain itself for the cooling up period. there is a judgment >> but that order is to be passed in a by the division bench in 13 authority of course I don't know if I I can pass that order >> get the negation results that they will 13 application which is filed by the opposite party and another 13b press joint petition >> 6 mandate that is harbini versus >> that is not bad that will be good again 35 subatumar mahi for the opposite party posity of time intervenes the matter is mentioned by the learn council for the parties stating that the median report the median has resulted in amicable settlement acceptable to both the parties.
>> The parties have agreed to move the uh learn family court under section 13B that is capital B of the Hindu marriage act seeking uh divorce on mutual consent.
The as for the terms of the mediation report and the agreement between the parties, the amount to be uh paid by the husband to the wife in the marriage has also been husband has been mutually agreed.
Accordingly the parties shall file the application on 13 week everything was settled except the jurisdiction the wife residing the malang jurisdiction and the husband residing in the joy mill. Now the question in the medation report everything was settled now >> cannot fix.
>> Yes. Yes. No. Now there is conflict.
>> Mediation cannot fix.
>> Yes.
So there cannot be because jurisdiction is statutove also Already you are getting everything.
You are just dragging the proceeding.
He has agreed for everything.
The matter is settled. The parties are happy.
Yes.
>> The parties are directed to file the application under section 13B of the Hindu marriage act within a period of two weeks.
>> Within a period of 3 weeks.
>> 3 weeks >> as agreed.
the the learned just family court shall not uh retain itself for the statuto period to pass in view of the judgment rendered in Amand Singh versus Harvin citation is expected that uh in view of the positive development the parties themselves achieve the objective of arriving at anable Yes, the matter shall be listed in the for orders in the week commencing probably 315.
Five.
The uh Jaipur shall proceeded to dispose of city number 03 up to 2025 upon filing of the application between the by the parties under section 13 as capital B of the Hindu maritime. Yes.
My lord item 39.
>> My lord item 38 >> 38. Yes.
>> Yes. My lord in this case is over 120 and in some matters we are getting stuck also though not required that much of hearing. were hearing those matters for some very long >> lordship before vacation before vacation.
Item 37.
Yes.
>> 39 my lord.
>> 39. Yes. Mr. challenging lordship till 11526 yesterday I was mentioning my lord >> this matter 39 Mr. Dipu sundar for the practitioner the quity of time inter intervenes the matter could not reach during the day's proceeding is submitted by the law council for the petitioner the matter is mentioned the matter is mentioned by the learn council for the petitioner and it is submitted that the entire continue 236 should continue during during pendency of the present petition before this vote. Accordingly the the state ordered service is reiterated the operation of the the operation of the order till the next state of hearing. The matter shall be listed for admission in the week commencing.
Yes.
>> Item 37.
>> Okay.
>> 37 item 37.
Just now I have received a copy of objects on my countermit filed by my take >> now hearing or don't expect that only this kind of only before other things are Yeah.
Yes. Both are residing at the transfer petition has been filed from you always free to mention at least in matters.
>> I always entertain if you are successful. Today there are mentions this item you have seen now that item 35 >> arising out of this matter one CRMC is pending in that matter both of us are in a medation proceeding settle to do that make an effort in the 10th I'm not passing any achieving a be quick to mention before the court and get the order >> because that change of mind is a problem >> what has happened in 35 they have achieved everything. Now they are thinking where to file the 13B and that mean Jaipur and Balcon both places are good and in the 13 is pending at Jaipur the same law you will find what is the what and Jaipur is I mean the senior bar you can say >> parent bar Jaipur is the parent there we we take care of that >> that medicine is fixed to 10th of this month only if it is Saturday we'll make try to settle Yes. Yes. Thank you.
>> Shall I file it here?
>> Yeah. You file it in the registry. This is a paperless format. If you file it here, it is not getting tagged.
>> Yes. Great.
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