Chittaranjan Nayak vs Sanjukta Nayak And Another
2023 Latest Caselaw 4832 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 RPFAM NO. 367 OF 2022
                 Chittaranjan Nayak                  ....       Petitioner
                                      Mr. Biswa Prakash Dhal, Advocate

                                         -versus-
                 Sanjukta Nayak and another                ....    Opp. Parties



                      CORAM:
                      JUSTICE K.R. MOHAPATRA

                                       ORDER

Order No.                             01.05.2023
  1.        1.      This matter is taken up through hybrid mode.

2. I.A. No.471 of 202 has been filed for condonation of delay of 100 days in filing the RPFAM, as pointed out by the S.R.

3. This RPFAM has been filed assailing the ex parte judgment and order dated 18th June, 2022 passed by learned Judge, Family Court, Puri in CRP No.30 of 2017, whereby the Petitioner has been directed to pay maintenance of Rs.5,000/- per month to the Opposite Party No.1 and Rs.2,000/- per month to the Opposite Party No.2 from the date of application, i.e. 22nd March, 2017.

4. Since the Petitioner has remedy under the proviso to Section 126(2) Cr.P.C. to get the ex parte order set aside by learned Judge, Family Court, Puri, I am not inclined to entertain the application for condonation of delay and issue notice to the Opposite Parties.

5. In that view of the matter, the I.A. as well as RPFAM are disposed of with an observation that the Petitioner, if so

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advised, may move learned Judge, Family Court, Puri by filing an application under the proviso to Section 126(2) Cr.P.C. to set aside the impugned judgment and order. While considering the petition for condonation of delay, learned Judge, Family Court, Puri shall keep in mind that this matter was pending before this Court since 30th December, 2022 till today.

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

                                         (K.R. Mohapatra)
bks                                            Judge