SASMITA MOHARANA vs SUSEN KUMAR MOHARANA

Court
Odisha High Court

IN THE HIGH COURT OF ORISSA, CUTTACK
RPFAM No.44 of 2023


An application for revision under Section 401 of the
Cr.P.C. read with Section 19 of Family Court’s Act, 1984

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Sasmita Moharana … … Petitioner
-Versus-
Susen Kumar Moharna
… … Opp. Party

For Petitioner : Mr. Rabi Narayan Behera and
Mr. G. N. Rout, Advocate

For Opp. Party : Mr. Jagabandhu Sahu, Sr. Advocate
along with Mr. R. Panigrahi,Advocate


RPFAM No.85 of 2025


An application under Section 19 of the Family Court’s
Act, 1984.

Susen Kumar Moharana … … Petitioner
-Versus-
Sasmita Moharana
… … Opp. Party

For Petitioner : Mr. Jagabandhu Sahu, Sr. Advocate
along with Mr. R. Panigrahi,Advocate

For Opp. Party: Mr. Rabi Narayan Behera, Advocate

Mr. G. N. Rout, Advocate

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CORAM:
THE HONOURABLE SHRI JUSTICE MRUGANKA SEKHAR SAHOO

J U D G M E N T

RPFAM No.44 of 2023 & RPFAM No.85 of 2025 Page 1 of 7


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th
Date of hearing and Judgment : 13 May, 2026
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MRUGANKA SEKHAR SAHOO, J.
Both the revision applications involve the same
parties, the husband and the wife in the marriage. The
applications arising out of one proceeding before the
learned Family Court, Dhenkanal.
2. RPFAM No.44 of 2023 has been filed by the wife in
the marriage challenging the judgment dated 17.02.2022
passed by the learned Judge, Family Court, Dhenkanal in
Criminal Proceeding No.109 of 2021. The application was
filed under Section 125 of the Cr.P.C. by the wife in the
marriage, the marriage having been solemnized on
13.07.2020. The wife claimed Rs.40,000/- as monthly
maintenance. The application was favoured, however,
directing payment of monthly maintenance @ Rs.15,000/-
from the date of filing of application under Section 125,
Cr.P.C. By filing the revision under Section 401, Cr.P.C.
read with Section 19 of the Family Court’s Act the wife in
the marriage petitioner seeks enhancement of the quantum
of monthly maintenance.
3. The RPFAM No.85 of 2025 is by the husband in the
marriage seeking revision of the judgment dated
17.02.2022 in Cr.P. No.109 of 2021 denying his liability to
pay monthly maintenance, to set aside the judgment
passed by the learned Judge, Family Court, Dhenkanal.

RPFAM No. 44 of 2023 & RPFAM No.85 of 2025 Page 2 of 7

4.
As the events have unfolded, though somewhat
parallelly, MATA Nos.128 & 129 of 2023 were filed earlier
before this Court challenging the common judgment dated
21.01.2023 passed by the learned Judge, Family Court,
Dhenkanal.
The said judgment was made in C.P. No.19 of 2021
filed by the wife in the marriage seeking restitution of
conjugal rights under Section 9 of the Hindu Marriage Act
along with C.P. No.128 of 2021 filed by the husband in the
marriage seeking dissolution of marriage under Section 13
(1) (i-a) and (i-b) of the Hindu Marriage Act.
5. Both the CPs were taken up together by the learned
Judge, Family Court and were disposed of by common
judgment dated 21.01.2023 allowing the application filed
by the husband for grant of decree of divorce and
dissolution of marriage, whereas rejecting the application
under Section 9 filed by the wife seeking restitution of
conjugal rights.
6.
The Division Bench of this Court allowed the MATA
filed by the husband and dismissed the MATA filed by the
wife, confirmed the judgment passed by the learned Judge,
Family Court made in both the C.Ps. The Division Bench
also confirmed the direction of the learned Judge, Family
Court regarding the wife in the marriage not being entitled
for any permanent alimony under Section 25 of the Hindu
Marriage Act.
7.
Challenging the judgment of the Division Bench and
appeal was filed before the Hon’ble Apex Court by the wife

RPFAM No. 44 of 2023 & RPFAM No.85 of 2025 Page 3 of 7

in the marriage: Sasmita Moharana v. Susen Kumar
Maharana arising out of SLP(C) No.7359-7360 of 2025.

The Hon’ble Supreme Court issued limited notice only
with respect to the permanent alimony, observed thus:
“… … … In our considered view, the reasoning
adopted by the Family Court as confirmed by the
High Court in refusing to grant permanent alimony
in its entirety cannot be sustained in the eye of law.
The legislative intent behind the Hindu Marriage
Act, 1955, is very clear. The object is to facilitate the
grant of permanent alimony, even while considering
an application for divorce filed by the husband.
The legislation being a welfare legislation, we
are inclined to remand the matter to the Family
Court to decide the issue of permanent alimony
afresh after recording the necessary evidence.
We make it clear that the decree of divorce
stands confirmed.
The appeals are disposed of in the above
terms.
Pending application(s), if any, shall also stand
disposed of.”

8.
Learned advocate on the record for the husband in
the marriage files memo of date enclosing copy of the order
passed by the Hon’ble Apex Court dated 12.03.2026 as well
as the judgment of the Division Bench dated 11.09.2024,
serving copy thereof on the learned counsel for the wife in
the marriage.
The Memo with enclosers is taken on record scanned
copy be updated.
9. It is submitted by the learned Senior Counsel
appearing for the husband that the wife has also filed an
application under Section 146, Bharatiya Nagarik

RPFAM No. 44 of 2023 & RPFAM No.85 of 2025 Page 4 of 7

Suraksha Sanhita, 2023 seeking alteration of allowance
granted under Section 125 (Section 144 of BNSS) which is
pending adjudication before the learned Judge, Family
Court.
It is further submitted by the learned Senior Counsel
that both the proceedings, i.e., under Section 146 of BNSS
pending before the learned Judge, Family Court and the
present proceeding filed under Section 401 of Cr.P.C.
challenging the earlier judgment under Section 125,
Cr.P.C. cannot be pursued simultaneously.
10.
Now this Court is presented with a situation that
during pendency of the revision application filed by both
the parties in the year 2023 and 2025 there is a decree of
divorce confirmed by this Court by judgment dated
11.09.2024; and order of the Hon’ble Apex Court dated
12.03.2026.
Confirming the decree of divorce and remanding the
matter for consideration of wife’s claim towards permanent
alimony under Section 25 of the Hindu Marriage Act. As
directed by the Hon’ble Apex Court in judgement dated
12.03.2026, the proceeding under Section 25 of the Hindu
Marriage Act for determination of permanent alimony is
pending before the learned Judge, Family Court.
11. The directions contained in the decision Rajnesh v.

Neha: (2021) 2 SCC 324: 2020 INSC 631 paragraphs-128,
128.1, 128.2,128.3 and 134 are reproduced herein:
“ (a) Issue of overlapping jurisdiction

RPFAM No. 44 of 2023 & RPFAM No.85 of 2025 Page 5 of 7

128. To overcome the issue of overlapping
jurisdiction, and avoid conflicting orders being
passed in different proceedings, it has become
necessary to issue directions in this regard, so that
there is uniformity in the practice followed by the
Family Courts/District Courts/Magistrate Courts
throughout the country. We direct that:
128.1. (i) Where successive claims for maintenance
are made by a party under different statutes, the
court would consider an adjustment or set-off, of the
amount awarded in the previous proceeding(s), while
determining whether any further amount is to be
awarded in the subsequent proceeding.
128.2. (ii) It is made mandatory for the applicant to
disclose the previous proceeding and the orders
passed therein, in the subsequent proceeding.
128.3. (iii) If the order passed in the previous
proceeding(s) requires any modification or variation,
it would be required to be done in the same
proceeding.
xxx xxx xxx
134. A copy of this judgment be communicated by
the Secretary General of this Court, to the Registrars
of all High Courts, who would in turn circulate it to all
the District Courts in the States. It shall be displayed
on the website of all District Courts/Family
Courts/Courts of Judicial Magistrates for awareness
and implementation.”

12.
In view of the law laid down in Rajnesh ( supra ) in
the paragraphs quoted above, t he application seeking
permanent alimony under Section 25 of the Hindu
Marriage Act along with the application said to have been
filed under Section 127 of the Cr.P.C. (since repealed as
substituted the pari materia provision contain in Section
146 of Bharatiya Nagarik Suraksha Sanhita, 2023) need to
be tried by the learned Judge, Family Court together.

RPFAM No. 44 of 2023 & RPFAM No.85 of 2025 Page 6 of 7

13.
The revision applications now under consideration
cannot be kept pending as the issue of permanent alimony
has to be considered by the learned Family Court under
Section 25 of the Hindu Marriage Act as directed by the
Apex Court along with the application under Section 127,
Cr.P.C./Section 146 BNSS, 2023.
14. Accordingly, both the RPFAM No.44 of 2023 and
RPFAM No.85 of 2025 are disposed leaving the parties to
peruse the pending matters as indicated above.
15.
Copy of this Judgment shall be forwarded to the
learned Family Court, Dhenkanal to be kept in the records
of C.P. No.19 of 2021 and C.P. No.128 of 2021.


……………………
M.S. Sahoo, J.




Orissa High Court, Cuttack
th
The 13 April,2026/ Gs

Signature Not Verified
Digitally Signed
Signed by: GAGAN BIHARI SAMAL
Reason: Authentication
Location: ohc
Date: 27-May-2026 15:53:51

RPFAM No. 44 of 2023 & RPFAM No.85 of 2025 Page 7 of 7