Sk Mohammad Sadique vs Sarawage Begu
2023 Latest Caselaw 915 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  RPFAM No. 224 OF 2015
                 Sk Mohammad Sadique                     ....        Petitioner
                                                   Ms. Gayatri Das, Advocate
                                           -versus-
                 Sarawage Begu,                            ....     Opp. Party



                      CORAM:
                      JUSTICE K.R. MOHAPATRA
                                       ORDER

Order No.                             24.01.2023
   3.       1.      This matter is taken up through hybrid mode.

2. Ex parte judgment dated 31st October, 2011 (Annexure-1) passed by learned Judge, Family Court, Bhubaneswar in CRP No.139 of 2011 is under challenge in this RPFAM, whereby the Petitioner has been directed to pay maintenance @ Rs.5,000/- per month to Opposite Party from the date of filing of the application, i.e., from 22nd June, 2011.

3. On perusal of the record, it appears that there is a delay of one thousand four hundred twenty four days in filing the RPFAM. Although Misc. Case No.345 of 2017 has been filed with a prayer for condonation of delay, but no step has been taken to get the matter listed from the date of filing of the RPFAM, i.e., 23rd December, 2015.

4. On perusal of the petition filed for condonation of delay, it appears that the Petitioner has taken a stand that since he started residing at his work place outside India i.e. in Soudi Arab after about 1 and half months from the date of marriage, he could not know about the institution of CRP No.139 of 2011 and Crl.

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Execution No.72 of 2012 as well as C.P. No.130 of 2014. No material is available on record to test the veracity of such statement.

5. Accordingly, this Court is of the considered opinion that the grounds taken is not sufficient to condone the inordinate delay of one thousand four hundred twenty four days in filing the RPFAM.

6. Accordingly, Misc. Case No.354 of 2017 being devoid of any merit stands dismissed. Consequently, the RPFAM also stands dismissed.

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

                                       (K.R. Mohapatra)
ms                                           Judge