Prasanta Kumar Sahu vs Sasmita Sahu And Another
2023 Latest Caselaw 3405 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  RPFAM No. 66 OF 2017
                 Prasanta Kumar Sahu                     ....       Petitioner
                                           Mr. Sambeet Pattanayak, Advocate
                                           -versus-
                 Sasmita Sahu and another             .... Opp. Parties
                                      Mr. Sanjay Kumar Pradhan, Advocate

                      CORAM:
                      JUSTICE K.R. MOHAPATRA
                                       ORDER

Order No.                             13.04.2023
   4.       1.      This matter is taken up through hybrid mode.

2. Judgment dated 7th December, 2016 passed by learned Judge, Family Court, Berhampur, Ganjam in Criminal Proceeding No.92 of 2014 is under challenge in this RPFAM, whereby the Petitioner has been directed to pay maintenance of Rs.4,000/- per month to Opposite Party No.1 and Rs.2,000/- per month to Opposite Party No.2 from the date of filing of the petition i.e., from 22nd April, 2014.

3. Mr. Pattanayak, learned counsel for the Petitioner submits that C.P. No.86 of 2017 was also filed for dissolution of marriage between the parties by a decree of divorce. The said civil proceeding was disposed of on compromise allowing the petition and dissolving the marriage by a decree of divorce. A permanent alimony of Rs.10,00,000/- was paid to the Opposite Party No.1 in terms of such settlement. In that view of the matter, he submits that interest of justice will be best served, if the Petitioner files an application under Section 127 Cr.P.C. for variation of the order of maintenance in the change circumstances.

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4. Mr. Pradhan, learned counsel for the Opposite Parties submits that since the Petitioner wishes to file an application under Section 127 Cr.P.C., he does not have any objection to the same.

5. In view of the above, the RPFAM is disposed of with an observation that in the event, the Petitioner files an application under Section 127 Cr.P.C. for variation of the order impugned herein, learned Judge, Family Court, Berhampur, Ganjam shall do well to consider the same in accordance with law giving opportunity of hearing to the parties concerned.

Urgent certified copy of this order be granted on proper application.

                                        (K.R. Mohapatra)
ms                                            Judge