Ratikanta Ojha vs Saraswati Maharana
2023 Latest Caselaw 1335 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  RPFAM No. 155 OF 2015
                 Ratikanta Ojha                        ....        Petitioner
                                        Mr. Ramanikanta Pattnaik, Advocate

                                          -versus-
                 Saraswati Maharana                       ....    Opp. Party


                      CORAM:
                      JUSTICE K.R. MOHAPATRA
                                       ORDER

Order No.                             08.02.2023
   6.       1.      This matter is taken up through hybrid mode.

2. The ex parte judgment dated 24th August, 2015 passed by learned Judge, Family Court, Rourkela in Criminal Proceeding No.8 of 2012 is under challenge in this RPFAM, whereby the Petitioner has been directed to pay maintenance @ Rs.3,000/- per month to the Opposite Party from the date of the application, i.e., from 25th January, 2012 till 23rd August, 2015 and thereafter the Petitioner was directed to pay maintenance @ Rs.5,000/-.

3. It is submitted by Mr. Pattnaik, learned counsel for the Petitioner that a proceeding under Section 13-B of the Hindu Marriage Act, 1955 is pending before learned Family Court. But he has no instruction with regard to the stage of the said proceeding.

4. Since the impugned judgment has been passed ex parte, the Petitioner has remedy under proviso to Section 126(2) Cr.P.C. to seek for setting aside the impugned judgment.

// 2 //

4. In that view of the matter, I am not inclined to keep this matter pending before this Court. Accordingly, the RPFAM is disposed of with an observation that the Petitioner, if so advised, may seek for setting aside the ex parte judgment dated 24th August, 2015 passed by learned Judge, Family Court, Rourkela in Criminal Proceeding No.8 of 2012, if cause of action still survives. In the event, such an application is filed, learned Judge, Family Court, Rourkela shall take into consideration the pendency of the RPFAM before this Court from 22nd September, 2015 till date while adjudicating the petition for condonation of delay, if any.

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

                                        (K.R. Mohapatra)
ms                                            Judge