ISRAIL KHAN v. SAYEDA BIBI
Court: High Court of Orissa
Bench: DR. JUSTICE S.K. PANIGRAHI
Judgment date:
Case summary
High Court of Orissa judgment dated 2026-04-09. ISRAIL KHAN v. SAYEDA BIBI. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 1047 of 2026 Israil Khan …. Petitioner(s) Mr. Sk. Zafarulla, Adv. -versus- Sayeda Bibi …. Opposite Party(s) Mr. Debashish Nayak, AGA CORAM: HON’BLE DR. JUSTICE SANJEEB K PANIGRAHI Order No. ORDER 02. 09. 04. 2026 1. This matter is taken up through hybrid arrangement. 2. In filing the present CRLMC, the Petitioner being the husband of the Opposite Party, has prayed for quashing the impugned order of NBW dated 17. 06. 2019 issued by the learned Judge, Family Court, Jajpur in Criminal Proceeding (Exe. ) No. 82 of 2018 arising out of Criminal Proceeding No. 232 of 2011, against him due to nonpayment of arrear monthly maintenance. 3. Heard. 4. Learned counsel for the Petitioner submits that the Petitioner was regularly paying the monthly maintenance to the Opposite Party. However, due to some financial exigencies he could not pay the interim maintenance in total a sum of Rs. 21,000/- to the Signature Not Verified Opposite Party in time.
Hence, as per the condition Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 09-Apr-2026 19:14:38 imposed in the impugned order dated 17. 06. 2019 the Petitioner has been issued with the order of N. B. W. He, on instruction, further contends that the Petitioner is now ready and willing to pay the arrear monthly maintenance. 5. In view of such facts and submissions made by the learned counsel for the Petitioner, this Court is inclined to allow the present CRLMC. Accordingly, this Court directs the Petitioner to pay a sum of Rs. 10,000/- (Rupees ten thousand only) out of the total amount of Rs. 21,000/- (Rupees Twenty-one thousand only) to the Opposite Party towards arrear monthly maintenance within fifteen working days hence and the rest of the amount shall be paid in two equal monthly installments.
This Court, in the process, directs the Petitioner to surrender before the learned court in seisin over the matter in the aforesaid case along with an undertaking indicating therein that he will make the payment of arrear monthly maintenance as per the above direction and move for bail within a period of fifteen working days hence. In such event, the said court shall release him on bail with some stringent conditions. Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 09-Apr-2026 19:14:38 6. Accordingly, this CRLMC is disposed of. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 09-Apr-2026 19:14:38
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