Chinmay Sahoo vs Amrita Kar
2023 Latest Caselaw 4913 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 CRLMC No.1328 of 2023

            Chinmay Sahoo                           ....                      Petitioner

                                                           Mr. B.P. Samal, Advocate

                                               -Versus -
            Amrita Kar                                 ....               Opposite Party

                                                              Mr. S. Mohanty, Advocate


                         CORAM:
                           JUSTICE SASHIKANTA MISHRA

ORDER_ 02.05.2023

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

2.

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. The petitioner is aggrieved by orders dated 29.11.2022 and 06.01.2023 passed by learned Judge, Family Court, Kendrapara in CRP Execution Case No. 46 of 2019. Basing on the order dated 04.10.2019 passed in Criminal Proceeding No. 120 of 2018 of the Family Court, the aforementioned execution case was instituted. It is submitted that order dated 04.10.2019 was passed ex parte against the petitioner. The petitioner has filed an application under Section 126(2) of Cr.P.C. with prayer to set aside the said ex parte judgment. In the meantime, he also filed an application on 18.03.2021 to stay the execution proceeding. But by the impugned order, learned Judge, Family Court refused to stay the execution proceeding. As per order passed by this Court on 28.03.2023, the petitioner has already paid a sum of Rs.50,000/- towards arrear interim maintenance, which has been received by the opposite party No.2-wife.

4. Having regard to the fact that the petition under Section 126(2) is pending before the Judge, Family Court, it would be improper to proceed with the execution case before disposal of the said petition. In such view of the matter, the impugned order is set aside. Learned Judge, Family Court is directed to keep the execution proceedings in abeyance till disposal of the petition under Section 126(2) of Cr.P.C. It is further directed that the learned Judge, Family Court shall dispose of the application under Section 126(2) of Cr.PC. as early as possible, preferably within a period of three weeks from today.

5. The CRLMC is accordingly disposed of.

BHIGAL Digitally signed by BHIGAL CHANDRA TUDU (Sashikanta Mishra) CHANDRA TUDU Date: 2023.05.03 19:44:30 +05'30' Judge B.C. Tudu