Snehalata Behera @ Dehury vs Bankanidhi Dehury .... Opposite Party
2025 Latest Caselaw 10906 Ori

Orissa High Court

Snehalata Behera @ Dehury vs Bankanidhi Dehury .... Opposite Party on 10 December, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CRLREV No.601 of 2024
                                         Sil




            Snehalata Behera @ Dehury                ....          Petitioner
                                                  Mr. A. K. Jena, Advocate
                                       -Versus-
            Bankanidhi Dehury                        ....    Opposite Party
                                               Mr. P.K. Pradhan, Advocate
                     CORAM:
                     MR. JUSTICE R.K. PATTANAIK
                                      ORDER

10.12.2025

Order No. I.A. No.975 of 2024

03. 1. Heard learned counsel for the petitioner.

2. Instant petition is filed under Section 5 of the Limitation Act seeking condonation of delay in presenting the revision beyond the stipulated period.

3. A delay of 186 days is reported as per the SR.

4. It is submitted to the Court that the petitioner had filed the revision earlier but since the defect therein could not be removed, it was disposed of and dismissed for default. The further submission is that the delay which has occasioned in filing of the revision should be condoned in the interest of justice since the petitioner is seeking enhancement of monthly maintenance payable by the opposite party.

5. Mr. Pradhan, learned counsel for the opposite party is present and objects to the condonation of delay.

6. Considering the plea of the petitioner and accepting explanation offered by her towards the delay and in view of the fact that previously revision had been filed and dismissed for non-prosecution, the Court is of the view that such delay of 186 days should be condoned in order to facilitate disposal of the revision on merit.

7. Accordingly, it is ordered.

8. IA is allowed with delay being condoned.

(R.K. Pattanaik) Judge

1. Heard.

2. Instant revision is filed by the petitioner challenging the impugned order dated 5th January, 2024 passed in connection with Crl. Misc. Case No.01 of 2023 by the learned Sub- Divisional Judicial Magistrate, Athamallik, Angul on the grounds stated.

3. It is submitted that an application Section 127 Cr.P.C. was moved before the learned court below seeking enhancement of the monthly maintenance from Rs.6,000/- to Rs.7,000/- but the same has been denied. The further

submission is that on an earlier occasion, the maintenance was enhanced to Rs.6,000/-by judgment of this Court at Annexure-1.

4. Considering the plea of the petitioner, the Court is inclined to direct the opposite party to respond and accordingly, a copy of the revision petition with annexures is requested to be served on Mr. Pradhan, learned counsel appearing for him.

5. List on 12th January, 2026 for final hearing and orders and in the meantime, objection, if any, shall be filed by the opposite party positively serving a copy of the same on Mr. Jena, learned counsel for the petitioner in advance.

(R.K. Pattanaik) Judge

TUDU