Kamdev Swain vs Pravabati Swain And Another
2023 Latest Caselaw 6158 Ori

Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 16-May-2023 19:30:55
                                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                              RPFAM No. 196 OF 2017
                                               Kamdev Swain                         ....      Petitioner
                                                                    Mr. Amiya Kumar Mohanty, Advocate
                                                                       -versus-
                                               Pravabati Swain and another           .... Opp. Parties
                                                                           Ms. Tapaswini Sinha, Advocate

                                                    CORAM:
                                                    JUSTICE K.R. MOHAPATRA
                                                                    ORDER

                        Order No.                                  16.05.2023
                              8.          1.      This matter is taken up through hybrid mode.

2. Judgment dated 18th October, 2014 (Annexure-1) passed by learned Judge, Family Court, Jajpur in Criminal Proceeding No.198 of 2011 is under challenge in this RPFAM, whereby the Petitioner has been directed to pay maintenance of Rs.1,200/- per month to the Opposite Party No.1 and Rs.800/- per month to Opposite Party No.2 from the date of application i.e., from 25th February, 2010.

3. In course of hearing, Ms. Sinha, learned counsel for the Opposite Parties brought to the notice of this Court that assailing the self-same order, the Petitioner had filed RPFAM No.5 of 2015, which was dismissed vide order dated 24th March, 2023, as learned counsel for the Petitioner submitted that he had no instruction in the matter. Two revisions assailing the self- same orders are not maintainable at the instance of the Petitioner.

4. A copy of the order dated 24th March, 2023 passed by this Court in RPFAM No.5 of 2015 is filed by Ms. Sinha, learned counsel for the Opposite Parties in Court today, which

Signature Not Verified Digitally Signed // 2 // Signed by: MADHUSMITA SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-May-2023 19:30:55 discloses that the present Petitioner had filed both the RPFAMs assailing the self-same judgment.

5. Thus, this Court is not inclined to interfere with the impugned order under Annexure-1. However, the Petitioner, if so advised, may work out this remedy before learned Judge, Family Court, Jajpur.

5. The RPFAM is accordingly dismissed as not maintainable.

(K.R. Mohapatra) Judge Rojalin