Anil Kumar See vs Sasmita See And Another .... Opp. ...
2024 Latest Caselaw 8454 Ori

Orissa High Court

Anil Kumar See vs Sasmita See And Another .... Opp. ... on 6 May, 2024

Author: K.R. Mohapatra

Bench: K.R. Mohapatra

Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Designation: AR-cum-Senior Secretary
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 07-May-2024 15:16:55


                                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                     RPFAM No.96 of 2024

                                 Anil Kumar See                                ....      Petitioner
                                                                         Mr. Subhendu Kar, Advocate
                                                              -versus-
                                 Sasmita See and another                       ....     Opp. Parties

                                               CORAM:
                                               JUSTICE K.R. MOHAPATRA
                                                        ORDER

           Order No.                                   06.05.2024
              1.            1.           This matter is taken up through hybrid mode.

2. Petitioner in this RPFAM seeks to assail the ex-parte judgment dated 3rd January, 2023 (Annexure-2) passed by learned Judge, Family Court, Balasore in Criminal Proceeding No.167 of 2017, whereby the Petitioner has been directed to pay maintenance of Rs.1,500/- per month to the Opposite Party with effect from the date of filing of application under Section 125 Cr.P.C., i.e., 26th May, 2017.

3. Since the impugned judgment has been passed ex-parte, the Petitioner has efficacious remedy under proviso to Section 126(2) Cr.P.C. to seek for setting aside of the said ex-parte order/ judgment. In that view of the matter, I am not inclined to interfere with the impugned order at this stage.

4. Accordingly, the RPFAM is disposed of with an observation that if the Petitioner files an application for recalling of aforesaid judgment and order dated 3rd January, 2023 (Annexure-2) within a period of two weeks hence, the same shall be considered in accordance with law giving opportunity of hearing to the parties concerned.

Signed by: SASANKA SEKHAR SATAPATHY Designation: AR-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 07-May-2024 15:16:55

// 2 //

5. Certified copy of judgment under Annexure-2 shall be returned to learned counsel for the Petitioner on being substituted with attested photocopy thereof.

6. Petitioner, if so advised, may move an application for stay of execution case before learned Judge, Family Court till disposal of the petition to be filed under proviso to Section 126(2) Cr.P.C.

s.s.satapathy

(K.R. Mohapatra) Judge