Chaitanya Singh vs Munia Sethy @ Singh
2023 Latest Caselaw 12477 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 RPFAM NO. 309 OF 2023
                 Chaitanya Singh                      ....        Petitioner
                                            Mr. Jyoti Pattnaik, Advocate
                                      -versus-
                 Munia Sethy @ Singh                  .... Opp. Party


                      CORAM:
                      JUSTICE K.R. MOHAPATRA
                                        ORDER

Order No.                              12.10.2023
            RPFAM NO. 309 OF 2023
            & I.A. No. 387 of 2023

  1.        1.      This matter is taken up through hybrid mode.

2. This RPFAM has been filed assailing the ex parte judgment dated 20th May, 2022 (Annexure-2) passed by learned Judge, Family Court, Dhenkanal in Cr.P. No. 30 of 2020, whereby the Petitioner has been directed to pay maintenance of Rs.10,000/- per month to the Opposite Party-Wife from the date of filing of the application.

3. There is a delay of 396 days in filing RPFAM as pointed out by the S.R. Hence, I.A. No. 387 of 2023 has been filed for condonation of delay.

4. Taking into consideration that the judgment impugned herein has been passed ex parte and the Petitioner has a remedy under proviso to Section 126(2) Cr.P.C. to move learned Judge, Family Court, Dhenkanal for setting aside the ex parte judgment, the I.A. as well as RPFAM is disposed of with a direction that in the event the Petitioner files an application under proviso to Section 126(2) Cr.P.C. within a period of two

// 2 //

weeks hence explaining the delay in filing the petition, the same shall be considered in accordance with law, giving opportunity of hearing to the parties concerned. It is further observed that while considering the petition for condonation of delay, learned Judge, Family Court, Dhenkanal shall keep in mind that the RPFAM was pending before this Court from 18th September, 2023 till today.

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

(K.R. Mohapatra) Judge

bks

Signature Not Verified Digitally Signed Signed by: BIJAY KUMAR SAHOO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-Oct-2023 12:20:09