Niranjan Sahoo vs Sukanti Sahoo
2023 Latest Caselaw 6167 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 19:30:56
                                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                                 RPFAM No. 85 OF 2018
                                               Niranjan Sahoo                         ....       Petitioner
                                                                      Mr. Susanta Kumar Mishra, Advocate
                                                                         -versus-
                                               Sukanti Sahoo                           ....    Opp. Parties
                                                                                            Mr., Advocate

                                                     CORAM:
                                                     JUSTICE K.R. MOHAPATRA
                                                                      ORDER

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

2. The Petitioner in this RPFAM seeks to assail the order dated 19th November, 2016 (Annexure-1) passed by learned Judge, Family Court, Nayagarh in Crl.M.P. No.44 of 2016, whereby the petition filed by the Opposite Party was allowed ex parte and the Petitioner has been directed to pay Rs.2,000/- per month to the Opposite Party as maintenance from the date of filling of the petition.

3. There is a delay of three hundred ninety seven days in filing of RPFAM. Although, Misc. Case No. 153 of 2018 has been filed for condonation of delay, but the delay has not yet been condoned. The ex parte judgment sought to be challenged is also not filed.

4. Since the Petitioner has remedy under proviso to Section 126(2) Cr.P.C., I am not inclined to entertain this RPFAM.

5. In view of the above, the RPFAM is disposed of with a direction that in the event, the Petitioner files an application under proviso to Section 126(2) of Cr.P.C. within a period of

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 19:30:56 two weeks hence, the same shall be considered in accordance with law providing opportunity of hearing to the Opposite Party.

6. While considering the application, if any filed within the stipulated period, learned Judge, Family Court, Nayagarh shall take into consideration the pendency of this RPFAM before this Court from 21st March, 2018 till today along with other grounds.

7. Interim order dated 28th June, 2018 passed in Misc. Case No.111 of 2018 stands vacated.

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

(K.R. Mohapatra) Judge

Rojalin