Rashmi Ranjan Mohanty vs Smt. Lopamudra Ray
2023 Latest Caselaw 11447 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                       RPFAM No.266 of 2023

Rashmi Ranjan Mohanty                 .....                             Petitioner
                                                 Mr.Soumya Ranjan Das, Advocate
                                      Vs.
1.Smt. Lopamudra Ray                  .....                         Opposite Parties
2.Dibyanshu Mohanty


                   CORAM:
                       JUSTICE SAVITRI RATHO

                                             ORDER

21.09.2023 Order No. (Through hybrid mode)

02.

1. This application under Section 19 (4) of the Family Courts Act,

1984 has been filed by the petitioner challenging the ex parte judgment

dated 26.10.2022 passed by the learned Judge, Family Court, Rourkela

in Criminal Proceeding No.74 of 2015 directing the petitioner to pay a

sum of Rs.6,000/- per month for maintenance of opposite party No.1

and Rs.4,000/- to the opposite party No.2, son of the petitioner with

effect from 01.09.2015.

2. Mr. S.R.Das, learned counsel for the petitioner submits that

although the petitioner had appeared in Cr.P. No.74 of 2015 but he had

filed TRP (CRL) No.86 of 2015 before this Court for transfer of the

Criminal Proceeding from Rourkela to Bhubaneswar, as an application

under Section-9 of the Hindu Marriage Act had been filed by him in

the Court of learned Judge, Family Court, Bhubaneswar. On

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14.10.2022, this Court had adjourned the TRP (C) to 27.10.2022 and

called for a report from the learned Judge, Family Court, Rourkela

regarding the status of the case which was pending since 2015.

Immediately after receiving the said order, the learned Judge, Family

Court has passed the impugned order on 26.10.2022 without giving the

petitioner a chance of hearing. He has further submitted that the

impugned order may be set aside and the matter remanded to the

learned Judge, Family Court, Rourkela for re-hearing after giving the

petitioner a chance to adduce evidence.

3. As this application cannot be disposed of without issuing notice

to the opposite parties, issue notice to the opposite parties by registered

post with A.D., returnable without four weeks. Requisites for issuance

of notice shall be filed by 26.09.2023.

4. List this matter on 13.11.2023.

I.A. No.319 of 2023 & I.A. No.320 of 2023

5. Issue notice as above. Accept one set of process fee.

6. Further proceeding in C.P. No.93 of 2022, pending in the Court

of learned Judge, Family Court, Rourkela shall remain stayed till the

next date, subject to the petitioner depositing an amount of Rs.3 lakhs

(Rupees three lakhs only) before the said Court by 16.10.2023. The

petitioner shall continue to pay the current maintenance to the opposite

parties. The amount of Rs.3 lakhs deposited in the Court below shall

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be released in favour of the opposite parties. This payment of arrear

and current maintenance shall be without prejudice to the rights and

contentions of the parties.

7. Urgent certified copy of this order be granted as per rules.

(Savitri Ratho) Judge Bichi

Signature Not Verified Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 26-Sep-2023 19:32:35