Manoranjan Nayak vs Sarat Nayak And Another ... Opposite
2025 Latest Caselaw 2768 Ori

Orissa High Court

Manoranjan Nayak vs Sarat Nayak And Another ... Opposite on 20 January, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           RPFAM No.374 of 2024
     Manoranjan Nayak                                 ...    Petitioner
                                             Mr. A. Tripathy, Advocate
                           -versus-
     Sarat Nayak and another                          ...     Opposite
                                                             Parties

                                  CORAM:
                           JUSTICE G. SATAPATHY
                              ORDER(ORAL)

20.01.2025 Order No. RPFAM No. 374 of 2024 & I.A. No. 554 of 2024

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. This revision by the Petitioner-son is directed against the impugned judgment dated 19.09.2024 passed in Criminal Petition No. 205 of 2017 by which the learned Judge, Family Court, Nayagarh has ordered the Petitioner to pay a sum of Rs. 1500/- per month each to the OP Nos.1 and 2-cum-parents in an application U/S. 125 of the Cr.P.C.

3. In the course of hearing, Mr. Amitav Tripathy, learned counsel for the Petitioner submits that although the present Petitioner is residing in a rented house and the OPs having been well maintained by other two sons and residing in their own house, but the learned trial Court ignoring these facts has passed the impugned order which is liable to be set aside.

4. In view of the aforesaid submission, issue notice on admission to OP by Speed Post/Registered Post with AD fixing a short returnable date. Requisites for issuance of notice shall be filed within three working days.

5. List this matter on 21.02.2025.

6. As an interim measure, there shall be stay operation of the impugned order subject to condition the Petitioner paying 50 % of the arrear maintenance and current maintenance amount to the OPs.

(G. Satapathy) Judge Priyajit

Location: HIGH COURT OF ORISSA