Samarendra Sahoo vs Urjita Mohanty .... Opp. Party
2024 Latest Caselaw 41 Ori

Orissa High Court

Samarendra Sahoo vs Urjita Mohanty .... Opp. Party on 2 January, 2024

Author: K.R. Mohapatra

Bench: K.R. Mohapatra

Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 03-Jan-2024 17:28:43            IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                  RPFAM NO.438 OF 2023
                                          Samarendra Sahoo                             ....           Petitioner
                                                                             Mr. H.V.B.R.K. Dora, Advocate
                                                                     -versus-
                                          Urjita Mohanty                               ....       Opp. Party

                                                   CORAM:
                                                   JUSTICE K.R. MOHAPATRA
                                                           ORDER

Order No. 02.01.2024

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

2. Ex-parte judgment dated 6th July, 2023 passed by learned Judge, Family Court, Bhubaneswar in Criminal Proceeding No.270 of 2022 is under challenge in this RPFAM, whereby the Petitioner has been directed to pay maintenance of Rs.25,000 per month to the Opposite Party w.e.f. 9th December, 2022 i.e., from the date of filing of the application.

3. There is a delay of 65 days in filing the RPFAM, as pointed out by SR.

4. IA No.543 of 2023 has been filed for condonation of delay.

5. Since the Petitioner has a remedy to seek for setting aside the ex-parte judgment impugned herein by filing an application under the Proviso to Section 126(2) Cr.P.C., I am not inclined to entertain the RPFAM and allied petitions.

6. Accordingly, all the interim applications as well as the RPFAM is disposed of with an observation that in the event, the Petitioner files an application to set aside the ex-parte impugned judgment, learned Judge, Family Court, Bhubaneswar shall do well to consider the same in accordance with law.

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

(K.R. Mohapatra) Judge

Rojalin