CUTTACK, India, May 11 -- Orissa High Court issued the following order on April 9:

1. The petitioner-husband is before this Court seeking revision of the order dated 29.08.2023 passed by the learned Judge, Family Court, Angul in Cr.P. No.29 of 2020. The said application was filed U/s. 125 of Cr.P.C. (since repealed and substituted by parimateria provision contained in Section 144 of BNSS, 2023) by the wife in the marriage seeking Rs.15,000/- per month towards her monthly maintenance.

2. The learned counsel for the petitioner was heard at length. He addresses arguments being present at the Virtual Court, High Court of Orissa, Sambalpur.

3. Before the learned Family Court, as per the pleadings of the parties, marriage was not disputed, solemnized on 02.12.2016.

The present petitioner being opposite party appeared before the learned Family Court. He filed his reply stating himself to be a daily labourer depending on his father and staying in his village due to scarcity of work.

4. The learned Judge, Family Court for adjudicating the matter apart from discussing the pleadings of the parties that is the plaint and the written statement has considered and discussed the evidence of three witnesses on behalf of the petitioner, P.W.1 being the petitioner herself, evidence of the opposite party who examined himself O.P.W.1 and another individual as O.P.W.2. Two documents were marked as exhibits by the petitioner-wife and one document was marked as exhibit on behalf of the opposite party-husband who is the petitioner herein for consideration of the learned Family Court.

5. Seeking revision of the judgment, it is contended by the learned counsel for the petitioner that affidavit was filed by the opposite party-husband before the learned Family Court in terms of the directions contained in the decision of Rajnesh v. Neha1.

Now it is seen at paragraph-12 of order 29.08.2023 passed by the learned Judge, Family Court, the learned Court has delved into the aspect of 'income' of the husband, his capacity to earn and the affidavit filed. The discussions made is considered by this Court for present adjudication and the paragraph is reproduced herein:

"12. No specific evidence adduced by the petitioner to show the actual income of the O.P. Being the wife of the O.P she has the legal right to get maintenance from the O.P u/s.125 of the Cr.P.C. the petitioner is entitled to get the maintenance as per the status of the O.P. The O.P has also not given a clear picture about his monthly income.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqPxPZYtCgecvk4gMJgzCoFJZiWlRCEcsCVfcQDNWeJ4C&caseno=RPFAM/75/2024&cCode=1&cino=ODHC010240002024&state_code=11&appFlag=)

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