Gopinath Behera vs Minati Behera
2023 Latest Caselaw 143 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 RPFAM No. 282 OF 2018
                 Gopinath Behera                         ....       Petitioner
                                         Mr. R.K. Samantassinghar, Advocate
                                           -versus-
                 Minati Behera                             ....     Opp. Party


                      CORAM:
                      JUSTICE K.R. MOHAPATRA
                                       ORDER

Order No.                             03.01.2023
   5.       1.      This matter is taken up through hybrid mode.

2. This RPFAM has been filed assailing the judgment dated 16th May, 2018 passed by learned Judge, Family Court, Khurda in Criminal Petition No.113 of 2017, whereby the Petitioner has been directed to pay the maintenance of Rs.4,000/- per month to the Opposite Party from the date of application i.e. from 7th April, 2017.

3. Vide order dated 18th December, 2018, the matter was converted from MATA to RPFAM. Thereafter, the Petitioner has not taken any step either to get the matter listed or to remove the defect. It is at the instance of the Court the matter is listed. Mr. Samantassinghar, learned counsel for Petitioner, however, prays for an adjournment to remove the defect.

4. On perusal of the record, it appears that there is a delay of three days in filing the RPFAM. However, no step for condonation of delay has been taken by learned counsel for the Petitioner as yet.

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5. In view of the above, I am not inclined to grant the prayer made by learned counsel for the Petitioner.

6. Accordingly, this RPFAM stands dismissed for non- prosecution.

                                       (K.R. Mohapatra)
ms                                           Judge