Rabi Narayan Mishra vs Sephali Nayak @ Mishra And .... Opposite
2025 Latest Caselaw 635 Ori

Orissa High Court

Rabi Narayan Mishra vs Sephali Nayak @ Mishra And .... Opposite on 14 May, 2025

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                           RPFAM No.135 OF 2025

              Rabi Narayan Mishra                  ....        Petitioner
                                 Mr. Soumya Sekhar Parida, Advocate

                                  -versus-
              Sephali Nayak @ Mishra and           ....         Opposite
              another                                          Parties

                                CORAM:
                        JUSTICE SANJAY KUMAR MISHRA

                                   ORDER

Order No.                        14.05.2025
                               I.A. No.213 of 2025
 01.        1.    This matter is taken up through hybrid mode.

2. Learned Counsel for the Petitioner does not want to press this application.

3. Accordingly, the I.A stands dismissed as not pressed.

(S.K. Mishra) Judge

02. 1. Mr. S.S. Parida, learned counsel for the Petitioner, relying on the judgment of the Supreme Court reported in (2020) 14 SCC 150 (Rakesh Malhotra Vrs. Krishna Malhotra), submits that after grant of permanent alimony in favour of the present Opposite Party No.1 vide judgment dated 09.08.2024 in C.P. Case No.368 of 2022, proceeding under Section-125 of Cr.P.C is not maintainable. The copy of the judgment filed in Court is taken on record.

2. Issue notice to the sole Opposite Party by Registered/Speed Post with A.D. fixing a short returnable date indicating therein that the matter is likely to be disposed of at the stage of admission. Requisites be filed by Friday (16.05.2025).

3. The matter be listed in the week commencing from 30th June 2025.

4. Tracking report of notice to the Opposite Party be kept on record before the next date of listing.

(S.K. Mishra) Judge

03. 1. Heard.

2. Issue notice as above.

3. Accept one set of process fee.

4. As an interim measure, it is directed that further proceeding in CRP No.183 of 2023 pending in the Court of Judge, Family Court-II, Bhubaneswar shall remain stayed till the next date.

5. Issue urgent certified copy as per rules.

(S.K. Mishra) Judge

Signature Narayan Not Verified Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Date: 15-May-2025 18:14:11