1

IN THE COURT OF SUB DIVISIONAL JUDICIAL

MAGISTRATE,SUNDARGARH

Present:- Lopamudra Behera, LL.M.,

SDJM, Sundargarh.

Dated, this 7th day of October, 2022

Misc. Case No. 152/2023
J.O Code- OD-0620
U/s. 128 Cr.P.C.

Puspa Rekha Barik, aged about 32 years

W/o- Rajanikanta Barik
D/o- Prasanta Ku. Barik
R/o- Qtr/ No-M/13, RRIT colony
near Govt. College, Sundargarh.
PS- Town, Dist- Sundargarh
.............. Petitioner

Rajanikanta Barik, aged about 36 years

S/o- Niranjan Barik
R/o- Qtr. No. G/58, Sector-2
PO- Rourkela-3, Rourkela
Dist- Sundargarh
............... OP
Counsel for the Petitioner :-Sri R.N. Panda & Associates
Counsel for the Opp. Party:-Ex-Parte

Date of Argument: 27.09.2023

Date of Order : 07.10.2023
_____________________________________________
_____________________________________________

Under section 128 of Cr.P.C.

_____________________________________________
_____________________________________________
ORDER
This order arises out of the execution petition filed
by the petitioners for realization of arrear of maintenance
 2

of Rs.2,28,000/- only for the period from 25.11.2021 to

26.06.2023 awarded to her.

2. The petitioner submitted that, she had filed a

Misc. case against the O.P (her husband) in this Court
vide Misc. Case No. 352/2021 u/S-125 Cr.P.C and on
29.07.2022 this court has ordered that “The Misc. Case
be and the same is allowed against the O.P but in the
present circumstances, without cost. The Opposite party/
respondent is directed to pay monthly maintenance of
Rs.12,000/-( Rupees twelve thousand) to the petitioner
from the date of filing of this case i.e. from 25.11.2021.
The maintenance amount shall be paid on or before 10th
day of each English calender month and the arrear
maintenance shall be paid to the petitioner within one
year of passing of this order failing which the petitioner
shall be at liberty to execute the order through the
process of the Court ”. The petitioner further submitted
that, after passing of such court order the O.P. never
tried to pay such amount to her. So getting no any
alternative the petitioner filed this case. Now the
petitioner is leading a miserable life and have no income.
So, the petitioner prayed for the aforementioned relief.

3. On the other hand, the O.P has not appeared and

has not filed any show cause.
 3

4. In order to substantiate it’s claim, the petitioner

has filed certified copy of the order passed by this court
in Criminal Misc. Case No. 352/2021on 29.07.2022. The
operative portion of the said order is that, “The Misc.
Case be and the same is allowed against the O.P but in
the present circumstances, without cost. The Opposite
party/ respondent is directed to pay monthly
maintenance of Rs.12,000/-( Rupees twelve thousand) to
the petitioner from the date of filing of this case i.e. from
25.11.2021. The maintenance amount shall be paid on
or before 10th day of each English calender month and
the arrear maintenance shall be paid to the petitioner
within one year of passing of this order failing which the
petitioner shall be at liberty to execute the order through
the process of the Court”.
xxx xxx xxx”
Now the petitioner has filed this execution case, as
the O.P has not paid any maintenance. On perusal of the
order of this Court, this Court has ordered the OP to pay
monthly maintenance of Rs.12,000/-(Rupees twelve
thousand) as monetary reliefs to the aggrieved petitioner.
It is further seen that, the OP has not paid any
maintenance amount till date. On calculation, it is found
that, the maintenance allowance for the period from
25.11.2021 to 26.06.2023 (date of filing of this case) is
Rs.2,28,000/-. Accordingly, ordered.
 4

ORDER
The Execution petition be and the same is allowed
in favour of the petitioner. Issue Distress Warrant along
with conditional NBW against O. P namely Rajanikanta
Barik aged about 36 yrs S/o-Niranjan Barik R.O of Qtr.
No. G/58, Sector-2, PO- Rourkela, PS.-Sector-3,
Dist.Sundargarh. The IIC, Sector-3, Rourkela P.S is
directed to execute the NBW against the OP, if the OP
fails to pay the arrear maintenance and the compensation
amount. No costs.

S.D.J.M., Sundargarh.
The order is pronounced in the open court on this
the 7th day of October, 2023 under my signature and seal
of this Court.

S.D.J.M., Sundargarh.

Transcribed to my dictation and

corrected by me.

S.D.J.M., Sundargarh.
List of witnesses examined by the Petitioner:
None
List of witnesses examined by the OP:
None
List of exhibits marked for Petitioner:
NIL
List of exhibits marked for OP:
NIL
S.D.J.M., Sundargarh.