Shyamsundar Muduli vs Shantilata Biswal @ Muduli
2023 Latest Caselaw 12222 Ori

Citation : 2023 Latest Caselaw 12222 Ori
Judgement Date : 9 October, 2023

Orissa High Court

Shyamsundar Muduli vs Shantilata Biswal @ Muduli on 9 October, 2023

Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
                                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
Date: 10-Oct-2023 10:20:51
                                                               RPFAM No. 291 OF 2023
                                               Shyamsundar Muduli                      ....      Petitioners
                                                                                 Mr. S.K. Baral, Advocate

                                                                      -versus-
                                               Shantilata Biswal @ Muduli                ....   Opp. Party



                                                     CORAM:
                                                     JUSTICE K.R. MOHAPATRA
                                                                    ORDER

                     Order No.                                     09.10.2023
                           2.             1.      This matter is taken up through hybrid mode.

2. The Petitioner in this RPFAM seeks to assail the ex parte judgment dated 14th July, 2023 (Annexure-2) passed by learned Judge, Family Court, Cuttack in Criminal Proceeding No.213 of 2019 directing the Petitioner to pay maintenance of Rs.11,000/- per month to the Opposite Party from the date of filing of the application, i.e., from 24th December, 2019.

3. In course of hearing, Mr. Baral, learned counsel for the Petitioner submits that the impugned judgment being an ex parte one, the Petitioner has remedy under proviso to Section 126(2) Cr.P.C. to seek for variation of the same before learned Judge, Family Court. He, therefore, prays for withdrawal of the RPFAM to move an application under proviso to Section 126(2) Cr.P.C. before learned Judge, Family Court, Cuttack.

4. In view of such submission, the RPFAM stands disposed of as withdrawn.

5. Certified copy of Annexure-2 be returned to learned counsel for the Petitioner on substitution of attested photocopy thereof.

                                                                           (K.R. Mohapatra)
             ms                                                                  Judge