Orissa High Court
RPFAM/344/2025 of USHA RANI BHOL Vs TAPAN KUMAR MISHRA on 1 July 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK RPFAM No.344 of 2025 Usha Rani Bhol …. Petitioner Mr. Sanjeeb Chakravarty, Advocate -versus- Tapan Kumar Mishra …. Opp. Party Mr. D.C. Rout, Advocate CORAM: JUSTICE MRUGANKA SEKHAR SAHOO Order No. ORDER 01.07.2026 (Hybrid Mode) 04. 1.
IN THE HIGH COURT OF ORISSA AT CUTTACK
RPFAM No.344 of 2025
Usha Rani Bhol
….
Petitioner
Mr. Sanjeeb Chakravarty, Advocate
-versus-
Tapan Kumar Mishra
….
Opp. Party
Mr. D.C. Rout, Advocate
CORAM:
JUSTICE MRUGANKA SEKHAR SAHOO
Order No.
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ORDER
01.07.2026 (Hybrid Mode)
04.
1. Learned counsel for the petitioner as well as learned counsel for the Opp. Party were heard at length.
2. The issue that falls for determination in this present application is no more res integra as has been authoritatively pronounced by the Hon'ble Apex Court in Rajnesh v. Neha: AIR 2021 SC 569: (2021) 2 SCC 324, that the direction for payment of maintenance under section 125 of Cr.P.C. shall be from the date of application seeking maintenance is made before the Court.
3. The learned Judge, Family Court in judgment dated 31.07.2025 in Criminal Proceeding No.159 of 2020 filed by the wife in the marriage, the husband Digitally Signed Signed by: RAJESH KUMAR BADHEI Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 07-Jul-2026 17:20:09 Signature Not Verified being the Opp. Party has directed for payment of maintenance from the date of judgment.
4. The said order stands modified to the extent that the amount of maintenance per month shall be payable from the date of application and the arrears shall be paid in six monthly instalments starting with August, 2026 by 15th day of every month.
The petition is disposed of accordingly.
5. Before parting with the matter, this Court takes note of the concern of the learned counsel for the petitioner as well as the learned counsel for the Opp. Party that considering the age of the petitioner as well as the Opp. Party, particularly, the Opp. Party being senior citizen aged more than 60 years, and the wife being aged about more than 55 years, good sense would prevail between the parties to end the bitterness and acrimony in the relationship. Hopefully, that parties shall lead a peaceful life.
(Mruganka Sekhar Sahoo) Judge Rajesh