R. Srinivas Patnaik vs R. Jyoti And Another ... Opposite ...
2025 Latest Caselaw 3132 Ori

Orissa High Court

R. Srinivas Patnaik vs R. Jyoti And Another ... Opposite ... on 30 January, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                        RPFAM No.24 of 2025

     R. Srinivas Patnaik                ...         Petitioner
                                 Mr. L.K. Maharana, Advocate
                             -versus-
     R. Jyoti and another                  ... Opposite Parties
                                      Mr. R.B. Mishra, Addl. PP
                              CORAM:
                       JUSTICE G. SATAPATHY
                             ORDER(ORAL)

30.01.2025 Order No.

01. RPFAM No. 24 of 2025 & I.A. No. 16 of 2025

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

2. This revision by the Petitioner-husband is directed against the impugned judgment dated 25.11.2024 passed by learned Judge, Family Court, Berhampur, Ganjam in Criminal Proceeding No. 43 of 2017 refusing, to rescind the earlier order dated 11.06.2018 passed by the said court granting maintenance to Opposite Party-wife and son in an application U/S. 127 of the CrPC by stating inter-alia that the Petitioner-husband has failed to produce any cogent and convincing materials to evidence the change in circumstance.

3. In course of hearing, Mr. Lalit Kumar Maharana, learned counsel for the Petitioner by taking this Court through the relevant part of the impugned judgment, so also the cross-examination of the OP-Wife submits that although the Petitioner-husband has clearly established the change in circumstance which was in fact noted by the

learned trial Court in paragraph-5 of the impugned judgment, but it has failed to appreciate the same without any reason and, therefore, the impugned order is liable to be set aside.

4. In view of the aforesaid submission, this Court does not wish to pass any order interfering the impugned judgment without seeking response of the OP. 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 28.02.2025.

6. As an interim measure, no coercive action shall be taken against the Petitioner subject to condition the Petitioner paying current monthly maintenance to OP.

(G. Satapathy) Judge Priyajit

Location: HIGH COURT OF ORISSA