Sushant Kumar Panda vs Sanjukta Mishra
2023 Latest Caselaw 5851 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  RPFAM No. 216 OF 2017
                 Sushant Kumar Panda                 ....       Petitioner
                                   Mr. Sushanta Kumar Pradhan, Advocate
                                             -versus-
                 Sanjukta Mishra                           ....    Opp. Party


                      CORAM:
                      JUSTICE K.R. MOHAPATRA
                                         ORDER

Order No.                               12.05.2023
   5.       1.      This matter is taken up through hybrid mode.

2. The Petitioner in this RPFAM seeks to assail the judgment dated 12th May, 2016 passed by learned Judge, Family Court, Sambalpur in Criminal Misc. Case No. 433 of 2012, whereby he has been directed to pay maintenance of Rs. 2,000/- per month to the Opposite Party from the date of filing of the petition, i.e., from 9th July, 2012.

3. There is a delay of three hundred seventy seven days in filing the RPFAM, as pointed out by the S.R.

4. In course of hearing, Mr. Pradhan, learned counsel for the Petitioner submits that in the meantime, marriage between the parties has been dissolved by a decree of divorce mainly on the ground that the Opposite Party has deserted the Petitioner.

5. In that view of that matter, Mr. Pradhan, learned counsel for the Petitioner prays for withdrawal RPFAM to seek remedy under Section 127 Cr.P.C. read with Section 125(4) Cr.P.C. for variance/annulment of the order of maintenance.

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6. In view of the above, this Court without expressing any opinion on the merits of submission made, disposes of the the RPFAM as withdrawn.

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

(K.R. Mohapatra) Judge MADHUS Digitally signed by MADHUSMITA MITA SAHOO Date: 2023.05.12 SAHOO 20:38:24 +05'30' Rojalin