Sk. Salauddin vs Nasiban @ Nasiman Bibi
2023 Latest Caselaw 1148 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    RPFAM No.267 of 2018
                  Sk. Salauddin                              ....      Petitioner
                                                  Mr. Parsuram Panda, Advocate
                                  on behalf of Mr.Pramod Kumar Jena, Advocate
                                             -versus-
                  Nasiban @ Nasiman Bibi                    ....         Opp. Party

                                    CORAM:
                                    JUSTICE K.R. MOHAPATRA
                                        ORDER

Order No.                              02.02.2023
 4.         1.       This matter is taken up through Hybrid mode.

2. This RPFAM has been filed assailing the judgment and order dated 13th November, 2017 (Annexure-1) passed by learned Judge, Family Court, Balasore in Cr.P. No.219 of 2016, whereby the Petitioner has been directed to pay maintenance at the rate of Rs.5,000/- per months to the Opposite Party with effect from the date of application, i.e., 12th May, 2016.

3. On the last occasion, i.e., on 22nd December, 2022, an adjournment was sought for stating that Mr. Jena, learned counsel for the Petitioner has been admitted to hospital. Today also similar prayer is made by Mr. Panda, learned counsel on behalf of Mr. Jena, learned counsel for the Petitioner. 3.1 It further appears that there is delay of 296 days in filing the RPFAM. Due to non-filing of requisites pursuant to order dated 9th July, 2019 in IA No.404 of 2018, notice could not be issued to the Opposite Party.

4. In view of the above, I am not inclined to grant the prayer made by Mr. Panda, learned counsel for adjournment of the case.

// 2 //

5. Accordingly, the IA No.404 of 2018 stands dismissed for non-prosecution. Consequentially, the RPFAM also stands dismissed.

(K.R. Mohapatra) Judge

s.s.satapathy