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Judgment
S.K. Panigrahi, J
This matter is taken up by virtual mode
Mr.Manas Chand, learned counsel appears and waives notice on behalf of the opposite party No.2.
3.Heard learned counsel for the parties.
The petitioner has filed this revision challenging the legality and propriety of the order dated 04.01.2022 passed by the learned Sessions Judge,
Ganjam in Criminal Appeal No.28 of 2021 setting aside the order dated 20.12.2021 passed in Misc. Case No.344 of 2021 by the learned S.D.J.M.,
Berhampur allowing the interim relief claimed by the opposite party in its petition dated 17.12.2021 under Section 17 and 19 of the PWDV Act, 2005.
Learned Sessions Judge, Ganjam, Berhampur while allowing the Criminal Appeal No.28 of 2021 by its order dated04.01.2022,
observed some directions to the petitioner which are extracted hereunder:
The petition dated 17.12.2021 of the petitioner (Tapaswini Dash) in Misc. Case No.344 of 2021 for her interim relief is allowed in part on contest against the opposite
party No.1 ( Dr.Sumit Kumar Sahu)
The petitioner (Tapaswini Dash) is entitled to reside in her matrimonial house, which is her shared household at 2nd Line, Brahma Nagar, Berhampur under the
jurisdiction of Baidyanathpur Police Station, Berhampur without creating any sort of disturbance to the inmates of that house including her husband and in-laws
either herself directly or though anybody indirectly in any manner till the final disposal of the Misc. Case No.344 of 2021. In addition, in the above direction, the court
also directed the present petitioner to provide Rs.17,000/- per month to the petitioner either through cash, or through cheque or through the learned court below by
10th day of each month obtaining proper acknowledgement regarding its payment towards the interim monthly maintenance of his wife Tapaswini Das(petitioner) till
the final disposal of the main application under Section 12 of the PWDV Act, 2005 vide Misc. Case No.344/2021.
The opposite party No.1 is also restrained/prohibited from creating any sort of domestic violence on the petitioner either directly himself or indirectly through
anybody including his family members, relatives or others in any manner till the final disposal of Misc. Case No.344 of 2021.
In view of the above directions, this Court directs the petitioner to pay interim maintenance to the opposite party No.2 (petitioner in the court below)
as fixed by the learned Sessions Judge, Ganjam, Berhampur by 10th February, 2022 positively.
List this matter on 15th February, 2022.
8.As the restrictions due to resurgence of Covid-19 are continuing, learned counsel for the parties may utilize a printout of the order available in the
High Court’s website, at par with certified copy, subject to attestation by the ADVOCATE concerned with his/her seal, in the manner prescribed
vide Court’s Office Order dated 7th January, 2022.
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