Hara Mohan Panigrahy vs Nirupama Acharya And Another
2023 Latest Caselaw 1810 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  RPFAM No. 187 OF 2016
                 Hara Mohan Panigrahy                ....       Petitioner
                                     Mr. Lalatendu Samantaray, Advocate

                                           -versus-
                 Nirupama Acharya and another        .... Opp. Parties
                                     Mr. Prasanta Kumar Panda, Advocate

                      CORAM:
                      JUSTICE K.R. MOHAPATRA
                                       ORDER

Order No.                             27.02.2023
   4.       1.      This matter is taken up through hybrid mode.

2. Judgment dated 29th June, 2016 passed by learned Judge, Family Court, Berhampur in Cr.P. No. 286 of 2014 is under challenge in this RPFAM, whereby refusing maintenance to Opposite Party No.1, the Petitioner has been directed to pay maintenance of Rs.3,000/- per month to Opposite Party No.2 from the date of application, i.e., from 1st January, 2015.

3. It is submitted by Mr. Samantaray, learned counsel for the Petitioner that in the meantime, Opposite Party No.2 has been killed, for which a criminal proceeding is pending.

4. Mr. Panda, learned counsel for the Opposite Parties submits that admittedly the Opposite Party No.2 was killed in the year, 2019. Thus, he is entitled to maintenance till, 2019.

5. Mr. Samantaray, learned counsel, however, submits that the Petitioner has paid maintenance to Opposite Party No.2 till 2019. In that view of the matter, nothing remains to be adjudicated in this RPFAM.

6. Accordingly, the RPFAM is disposed of as infructuous.

// 2 //

7. Interim order dated 20th September, 2016 passed in Misc. Case No.270 of 2016 stands vacated.

                                      (K.R. Mohapatra)
ms                                          Judge