Achyutananda Sahoo vs Kuntala Sahoo And Another
2023 Latest Caselaw 2333 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 RPFAM No.170 of 2016
                 Achyutananda Sahoo                        ....       Petitioner
                                                      Mr.A.K.Parida, Advocate
                                           -versus-
                 Kuntala Sahoo and another            ....    Opp. Parties
                                        Mr. Amiya Ranjan Swain, Advocate

                          CORAM:
                          JUSTICE K.R. MOHAPATRA
                                       ORDER

Order No.                             22.03.2023

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

2. Judgment dated 8th July, 2016 (Annexure-1) passed by learned Judge, Family Court, Keonjhar in Criminal Proceeding No.50 of 2015 is under challenge in this RPFAM, whereby the Petitioner has been directed to pay maintenance of Rs.4,500/- per month to the Opposite Party No.1/Wife and Rs.2,500/- per month to the Opposite Party No.2 with effect from the date of application, i.e., 14th July, 2015 along with a direction to pay litigation expenses of Rs.10,000/-.

3. In course of hearing, Mr. Parida, learned counsel for the Petitioner submits that interest of justice will be best served if the Petitioner is permitted to move an application for variation of the order under Section 127 Cr.P.C., if any order of maintenance is passed in the proceeding under the Protection of Women from Domestic Violence Act, 2005.

// 2 //

4. Mr. Swain, learned counsel for Opposite Parties does not have any objection the above submission.

5. In that view of the matter, the RPFAM is disposed of without interfering with the impugned order under Annexure-1 granting liberty to the Petitioner to file an application under Section 127 Cr.P.C. before learned Judge, Family Court, Keonjhar, if any cause of action arises.

6. Interim order dated 17th May, 2017 passed in Misc. Case No.253 of 2016 stands vacated.

Issue urgent certified copy of the order on proper application.

(K.R. Mohapatra) Judge

s.s.satapathy