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2025 DIGILAW 810 (JHR)

Shivani Pramanik @ Smt. Shivani Pramanik v. Hiralal Pramanik

2025-03-07

SANJAY PRASAD

body2025
JUDGMENT : Sanjay Prasad, J. 2025 I.A. No.2489 of 2025 in Cr. Rev. No.1189 of 2023 Learned counsel for the petitioner submitted that on instruction of the petitioner he may be permitted to withdraw this interlocutory application. 2. Accordingly, I.A. 2489 of 2025 (Cr. Rev. No.1189 of 2023) is permitted to be withdrawn and rejected as not pressed for. 3. Learned counsel for the petitioner submitted that the case may be heard in the light of supplementary affidavit dated 03.03.2025. Cr. Rev. No.1060 of 2023 with Cr. Rev. No.1189 of 2023 4. Heard Mr. Mahesh Tewari, learned counsel for the petitioner-wife (in Cr.Rev.1060/2023 and O.P. No.2 in Cr.Rev. No.1189/2023), Mr. Pandey Neeraj Rai, learned counsel for the opposite party (in Cr.Rev.1060/2023 and petitioner in Cr.Rev. No.1189/2023) and Ms. Ruby Pandey, learned APP for the State. 5. During course of submission, Mr. Mahesh Tewari, learned counsel for the petitioner-wife (in Cr.Rev.1060/2023 and O.P. No.2 in Cr.Rev. No.1189/2023) has submitted the petitioner- husband (i.e. opposite party in Cr.Rev.1060/2023) has not complied with the order dated 14.02.2025 passed by this Court by depositing Rs.75,000/- to the petitioner-wife (in Cr.Rev.1060/2023). 6. It appears that the petitioner-husband (in Cr.Rev. No.1189/2023) is working in the High Court and has filed a number of petitions several time and again but has not complied with the direction of this Court passed on 14.02.2025. 7. It also appears that the vide impugned order dated 04.07.2023 passed by the learned Principal Judge, Family Court, Seraikella-Kharsawan, the petitioner was directed to pay 30% of the Net Salary as maintenance amount to the O.P. No.2 and her child. 8. However, the said order of the learned Court below was stayed vide order dated 27.09.2023 in Cr. Revision no.1189 of 2023 by the Co-ordinate Bench (Justice Subhash Chand as His Lordship then was) without issuing notice to the other side i.e. the wife-O.P. No.2 and without hearing the O.P. No.2 or her counsel. 9. It further appears from the impugned order passed by the learned Principal Judge, Family Court, Seraikella-Kharsawan that despite direction the petitioner (i.e. the husband) had failed to produce his salary slip at the time of his evidence and even till the date of passing of impugned order on 04.07.2023 and he has merely stated at one place that his salary was Rs.57,000/-. 10. 10. It reveals from the Lower Court Record and from the cross-examination of the petitioner-husband at para-20 that he has stated that he was getting salary of Rs.57,000/- in November, 2022. The pay slip of the salary of the petitioner for the month of January, 2025 shows that his gross salary is approx Rs.1,17,954/-. Therefore, the gross salary in the year 2023 may be in between approx Rs.1,00,000/ to Rs.1,10,000/- (i.e on 04.07.2023 on the date of passing of the impugned order). However, the petitioner has deliberately concealed his monthly pay slip before the Court below. 11. It also appears that the petitioner being a public servant of this Court has deliberately concealed his income before the learned Court below by stating his gross salary as Rs.57,000/- in November, 2022. 12. Even given direction to the husband-petitioner (in Cr.Rev.1189/2023 and opposite party in Cr.Rev. No.1060/2023) vide order dated 14.02.2025, the petitioner has not paid Rs.75,000/- to the O.P. No.2-wife. 13 This Court finds that the conduct of the husband-petitioner is not proper and he is trying to mislead this Court. 14. It appears from the supplementary affidavit dated 03.03.2025 that the petitioner-husband has pruchased movable and immovable property in Ranchi in different years at his own choice only to deprive the O.P. No.2-wife and her daughter from paying maintenance amount and denying the genuine claims of the O.P. No.2-wife and her daughter. 15. Under the circumstances, the interim order dated 27.09.2023 passed in Cr. Revision no.1189 of 2023 by the Co- ordinate Bench (Justice Subhash Chand as His Lordship then was) is hereby vacated. 16. The learned Registrar General is directed to inform the Account Section to make payment of Rs.75,000/- from the salary of the petitioner-husband (Cr.Rev.No.1189 of 2023) in the Account of O.P No.2-wife (Cr.Rev.No.1189 of 2023) forthwith within 15 days from the date of receipt of copy of this order. 17. The petitioner-husband (Cr.Rev. No.1189 of 2023) is further directed to pay 50% of the arrears of Net Salary of 30% to the wife-O.P. No.2 (Shivani Paramanik) in Cr. Rev.No.1189 of 2023 in two equal instalments. 18. Put up this case under the heading ‘For Final Disposal’ on 16.04.2025 at 3.15 P.M. 19. 17. The petitioner-husband (Cr.Rev. No.1189 of 2023) is further directed to pay 50% of the arrears of Net Salary of 30% to the wife-O.P. No.2 (Shivani Paramanik) in Cr. Rev.No.1189 of 2023 in two equal instalments. 18. Put up this case under the heading ‘For Final Disposal’ on 16.04.2025 at 3.15 P.M. 19. The learned Registrar General is directed to inform the Account Section to pay the 50% of the arrears of interim maintenance amount from 04.07.2023 till date from the date of order application under Section 125 Cr.P.C within three months as the conduct of the petitioner does not appear to be proper. However, taking lenient view, this Court is directing to pay the arrears of 50% of the arrears of the interim maintenance in the light of pay slip of the month of 04.07.2023, if not paid so far. 20. The learned Registrar General of this Court shall inform the Account Section of the High Court to pay current maintenance amount from the Account of the petitioner-husband @ 30% from the net salary slip of July, 2023 in the Account of the O.P. No.2-wife-Shivani Pramanik henceforth 21. This order is being passed today by way of interim maintenance to the parties. 22. Let a copy of this order be sent to the office of learned Registrar General for the needful.