Rajendra Kumar Behera @ Rajendra vs Madhabi Behera And Another
2023 Latest Caselaw 926 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  RPFAM No. 229 OF 2015
                 Rajendra Kumar Behera @ Rajendra           ....       Petitioner
                 Behera
                                                                           None
                                             -versus-
                 Madhabi Behera and another                 ....    Opp. Parties

                                               Ms. Tapaswini Sinha, Advocate
                      CORAM:
                      JUSTICE K.R. MOHAPATRA
                                          ORDER

Order No.                                27.01.2023
   12.      1.      This matter is taken up through hybrid mode.

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

3. Ex parte judgment dated 6th August, 2014 (Annexure-1) passed by learned Judge, Family Court, Jajpur in Criminal Proceeding No.145 of 2012 is under challenge in this RPFAM, whereby the Petitioner has been directed to pay maintenance @ Rs.1,500/- per month to the Opposite Party No.1 and Rs.1,000/- per month to Opposite Party No.2 from the date of application, i.e. from 19th June, 2012.

4. Ms. Sinha, learned counsel for the Opposite Parties submits that the RPFAM is not maintainable, as the Petitioner has remedy before learned Judge, Family Court, Jajpur to seek for setting aside the ex parte judgment under proviso to Section 126(2) Cr.P.C.. She also submits that there is a delay of four hundred nineteen days in filing the RPFAM. Hence, she prays for dismissal of the RPFAM.

// 2 //

5. Taking into consideration the submission made by learned counsel for the Opposite Parties and due to none appearance of learned counsel on behalf of the Petitioner, the RPFAM stands dismissed for non-prosecution.

6. Interim order dated 28th January, 2016 passed in Misc. Case No.358 of 2015 stands vacated.

                                      (K.R. Mohapatra)
ms                                          Judge