Deepak Kumar Satpathy vs Bhubaneswari Satpathy
2023 Latest Caselaw 4844 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                       RPFAM No. 324 OF 2017
                      Deepak Kumar Satpathy              ....        Petitioner
                                         Mr. Swarup Kumar Pattnaik, Advocate
                                                 -versus-
                      Bhubaneswari Satpathy                        ....   Opp. Party


                           CORAM:
                           JUSTICE K.R. MOHAPATRA
                                            ORDER

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

2. Judgment dated 15th November, 2017 (Annexure-3) passed by learned Judge, Family Court, Bhubaneswar in Criminal Proceeding No.14 of 2017 is under challenge in this RPFAM, whereby the Petitioner has been directed to pay maintenance of Rs.6,600/- per month to the Opposite Party from the date of filing of the petition, i.e., from 13th January, 2017.

3. Mr. Pattnaik, learned counsel for the Petitioner submits that marriage between the parties has already been dissolved by a decree of divorce in a petition under Section 13-B of the Hindu Marriage Act, 1955 (for brevity 'the Act'). Thus, this RPFAM has become academic.

4. In view of the submission made by learned counsel for the Petitioner, this Court disposes of the RPFAM with an observation that the impugned judgment under Annexure-3 shall be subject to the decision in the proceeding under Section 13-B of the Act.

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

                                                    (K.R. Mohapatra)
ms                                                        Judge