Bijaya Kumar Panda Karasharma vs Subhasmita @ Parbati Dash
2023 Latest Caselaw 2162 Ori

                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                              RPFAM No.64 of 2023
                               Bijaya Kumar Panda Karasharma        ....      Petitioner
                                               Mr. Subhransu Bhusan Mohanty, Advocate
                                                      -versus-
                               Subhasmita @ Parbati Dash                ....        Opp. Party
                                         CORAM:
                                         JUSTICE K.R. MOHAPATRA
                                                  ORDER

Order No. 15.03.2023 IA No.70 of 2023 & RPFAM No.64 of 2023

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

2. The IA has been filed for condonation of delay of 43 days delay in filing the RPFAM.

3. The RPFAM has been filed assailing the ex-parte judgment dated 17th October, 2022 (Annexure-3) passed by learned Judge, Family Court, Jagatsinghpur in Criminal Proceeding No.24 of 2022, whereby the Petitioner has been directed to pay maintenance of Rs.9,000/- per month to the Opposite Party from the date of application, i.e., from 14th March, 2022.

4. Since the Petitioner has remedy under the proviso to Section 126 (2) Cr.P.C. to seek for setting aside the ex-parte order of maintenance impugned herein, Mr. Mohanty, learned counsel prays for withdrawal of the RPFAM to move the learned Judge, Family Court for appropriate relief.

5. In view of the above, the IA as well as the RPFAM are disposed of as withdrawn.

(K.R. Mohapatra) Judge s.s.satapathy