Bijesh Kumar Sahu vs Lucy Giri
2023 Latest Caselaw 2216 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 RPFAM No. 205 of 2016
                 Bijesh Kumar Sahu                        ....       Petitioner
                                                          Mr. Niranjan Lenka
                                           -versus-
                 Lucy Giri                                 ....       Opp. Party

                              CORAM:
                             JUSTICE K.R. MOHAPATRA
                                       ORDER

Order No.                             17.03.2023

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

2. Judgment dated 1st October, 2016 passed by learned Judge, Family Court, Baripada in CMC No.48 of 2014 is under challenge in this RPFAM, whereby the Petitioner has been directed to pay maintenance of Rs.4,000/- per month to the Opposite Party from the date of application, i.e., 22nd May, 2014.

4. Mr. Lenka, learned counsel for the Petitioner referring affidavit dated 13th March, 2023 (Flag-E) submits that the Opposite Party has already married in the meantime to one Nikhilesh Sharma, son of late Susil Sharma of Ward No.1, Tanki Sahi, Baripada, Mayurbhanj in the month of May, 2018. They have also been blessed with a son. In that view of the matter, he submits that interest of justice will be best served if the Petitioner moves an application before learned Family Court for variation/annulling the order of maintenance under Section 125 Cr.P.C.

// 2 //

5. Considering the submission of Mr. Lenka, learned counsel for the Petitioner, the RPFAM is disposed of with the liberty as aforesaid.

Issue urgent certified copy of the order on proper application.

(K.R. Mohapatra) Judge

s.s.satapathy