Pinki Nayak vs Sanjit Behera
2023 Latest Caselaw 3256 Ori

                                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                  RPFAM No.28 of 2017
                                 Pinki Nayak                               ....      Petitioner
                                                                      Mr. G.N.Sahu, Advocate
                                                           -versus-
                                 Sanjit Behera                              ....      Opp. Party
                                                                                         None
                                               CORAM:
                                              JUSTICE K.R. MOHAPATRA

                                                       ORDER

                Order No.                             11.04.2023
                8.          1.      This matter is taken up through Hybrid mode.

2. Judgment dated 30th November, 2016 (Annexure-3) passed by learned Judge, Family Court, Phulbani in CRP No.1 of 2016 is under challenge in this RPFAM, whereby an application filed by the Petitioner under Section 125 Cr.P.C. has been dismissed.

3. In course of hearing Mr. Sahu, learned counsel for the Petitioner submits that interest of justice will be best served in case Petitioner files fresh application under Section 125 Cr.P.C. for maintenance if the cause of action still survives. In that view of the matter, he prays for withdrawal of the RPFAM.

4. Accordingly, the RPFAM is disposed of as withdrawn with an observation that the Petitioner, if so advised, may file a fresh application under Section 125 Cr.P.C., if cause of action still survives.

(K.R. Mohapatra) Judge s.s.satapathy