Nanda Kishore Mallik vs Sanghamitra Mallik
2023 Latest Caselaw 2186 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  RPFAM No. 87 OF 2013
                 Nanda Kishore Mallik                    ....       Petitioner
                                                 Mr. S. Mohapatra, Advocate
                                           -versus-
                 Sanghamitra Mallik                       .... Opp. Party
                                                 Mr. Kisan Sharma, Advocate
                                      on behalf of Mr. H.K. Mallik, Advocate

                      CORAM:
                      JUSTICE K.R. MOHAPATRA
                                       ORDER

Order No.                             16.03.2023
   9.       1.      This matter is taken up through hybrid mode.

2. Judgment dated 13th September, 2013 (Annexure-1) passed by learned Judge, Family Court, Jajpur in Criminal Proceeding No.28 of 2011 is under challenge in this RPFAM, whereby the Petitioner has been directed to pay maintenance of Rs.2,000/- per month to the Opposite Party from the date of the application, i.e., 3rd August, 2009.

3. In course of hearing, Mr. Mohapatra, learned counsel for the Petitioner submits that a petition was pending before learned Judge, Family Court, Jajpur in C.P. No.853 of 2010 for dissolution of marriage. He has no instruction with regard to the status of the said civil proceeding. He, therefore, submits that the RPFAM may be disposed of with a liberty to the Petitioner to seek for variation of the order impugned herein, if cause of action survives.

4. Mr. Sharma, learned counsel being authorized by Mr. Mallik, learned counsel for the Opposite Party submits that he

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has instruction to submit that the civil proceeding has already been disposed of in the meantime.

5. In view of the above, the RPFAM is disposed of with an observation that if the cause of action still survives, the Petitioner may file an application for variation of the impugned order under Annexure-1 before learned Judge, Family Court, Jajpur, if so advised.

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

                                       (K.R. Mohapatra)
ms                                           Judge