Gitanjali Behera And Others vs Suresh Ch. Mallik
2023 Latest Caselaw 5025 Ori

                                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                 RPFAM No.226 of 2017
                                Gitanjali Behera and others                 ....       Petitioners
                                                                           Mr. S.K. Hota, Advocate
                                                     on behalf of Mr. Suryakanta Dwibedi, Advocate
                                                            -versus-
                                Suresh Ch. Mallik                           ....       Opp. Party
                                                                                            None
                                           CORAM:
                                          JUSTICE K.R. MOHAPATRA
                                                        ORDER

             Order No.                                 03.05.2023

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

2. Judgment dated 19th August, 2017 (Annexure-2) passed by learned Judge, Family Court, Nayagarh in Crl.MP. No.127 of 2017 is under challenge in this RPFAM, whereby the Opposite Party has been directed to pay maintenance of Rs.2,000/- per month to the Petitioner No.1 and Rs.500/- per month to each of the Petitioner Nos.2 and 3 from the date of filing of the application, i.e., 1st June, 2017.

3. In course of hearing learned counsel for the Petitioners submits that in the fact and circumstances of the case, interest of justice will be best served if the Petitioners file an application under Section 127 Cr.p.C. for enhancement of maintenance amount in view of the change in the circumstances.

4. None appears for the Opposite Party although he is represented by learned counsel.

5. Considering the submission made by learned counsel for SASANKA Digitally signed the Petitioners, this Court disposes of the RPFAM with an by SASANKA SEKHAR SEKHAR observation that in the event Petitioners files an application SATAPAT SATAPATHY Date: 2023.05.05

// 2 //

under Section 127 Cr.P.C. for enhancement of the maintenance amount, the same shall be dealt with giving opportunity of hearing to the parties concerned.

6. Interim order dated 10th April, 2019 passed in IA No.321 of 2018 stands vacated.

Issue urgent certified copy of the order on proper application.

(K.R. Mohapatra) Judge

s.s.satapathy