Pitabas Mallik vs Nilandri Mallik
2023 Latest Caselaw 610 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                     RPFAM No. 139 OF 2011
                      Pitabas Mallik                     ....                  Petitioner
                                                                                  None
                                                 -versus-
                      Nilandri Mallik                            ....     Opp. Party
                                                                              None

                           CORAM:
                           JUSTICE K.R. MOHAPATRA
                                            ORDER

     Order No.                             18.01.2023
        6.       1.      This matter is taken up through hybrid mode.

2. None appears for the parties at the time of call.

3. This RPFAM has been filed assailing the judgment dated 3rd November, 2011 (Annexure-1) passed in Cr.P. No.267 of 2010 (arising out of M.C. No.34 of 2010), whereby learned Judge, Family Court, Berhampur issued Distress Warrant (D.W) for realisation of maintenance amount fixing the date of appearance of the Petitioner as 3rd December, 2011 for realisation.

4. This Court while issuing notice vide order dated 9th January, 2012, as an interim measure, directed that on the Petitioner depositing a sum of Rs.10,000/- before the learned Judge, Family Court, Berhampur by end of January, 2012, the impugned order shall remain stayed until further orders. In view of such interim order, D.W. issued by learned Judge, Family Court has become ineffective. As such, nothing remains to be adjudicated in this RPFAM.

5. Accordingly, the RPFAM stands disposed of as infructuous.

                                                   (K.R. Mohapatra)
ms                                                       Judge