Prasanna Kumar Swain vs Nandini Mohanty @ Swain
2023 Latest Caselaw 635 Ori

Citation : 2023 Latest Caselaw 635 Ori
Judgement Date : 19 January, 2023

Orissa High Court

Prasanna Kumar Swain vs Nandini Mohanty @ Swain on 19 January, 2023

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   RPFAM No. 196 of 2015

                   Prasanna Kumar Swain                       ....           Petitioner
                                                                                None
                                             -versus-
                   Nandini Mohanty @ Swain                 ....     Opp. Party
                                               Mrs. Debadipta Sahoo, Advocate
                                  on behalf of Mr. Amit Prasad Bose, Advocate

                            CORAM:
                            JUSTICE K.R. MOHAPATRA
                                         ORDER

Order No. 19.01.2023

IA No.343 of 2015 & RPFAM No. 196 of 2015

3. 1. This matter is taken up through Hybrid mode.

2. Mr. Saswat Anubhab, learned counsel appearing on behalf of Mr. Parida, learned counsel for the Petitioner submits that the Petitioner has taken back the brief. Hence, their appearance may be ignored.

3. Mrs. Sahoo, learned counsel on behalf of Mr. Bose, learned counsel for the Opposite Party is present.

4. This RPFAM has been filed assailing the judgment and order dated 12th May, 2015 (Annexure-1) passed in Cr.P. No.139 of 2014, whereby learned Judge, Family Court, Dhenkanal directed the Petitioner to pay maintenance at the rate of Rs.15,000/- per month to the Opposite Party with effect from date of filing of the application, i.e., 13th August, 2012.

4.1 It further appears that the delay in filing the RPFAM is also not condoned. Moreover, from order sheet it appears that

// 2 //

notice in limitation matter has been issued since 14th December, 2015 and since then no steps has been taken to get the matter listed. Hence, it appears that the Petitioner has lost interest in pursuing the matter.

5. Since none appears to pursue the matter on behalf of the Petitioner, the IA for condonation of delay and the RRPFAM stand dismissed for non-prosecution.

Issue urgent certified copy of the order on proper application.

(K.R. Mohapatra) Judge

s.s.satapathy