Laxmi Dei v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

RPFAM No.15 of 2010 Smt. Laxmi Dei .....

Petitioner Mr. S.D. Mishra, Advocate -versusState of Odisha and another ....

Opp. Parties Mr. Arun Kumar Mishra, Additional Government Advocate (For Opposite Party No.1)

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

04.03.2022 IA No.32 of 2010 & RPFAM No.15 of 2010 5.

1.

This matter is taken up through Hybrid mode.

2.

Petitioner in this RPFAM seeks to assail the order dated 20th July, 2009 passed by learned Judge, Family Court, Cuttack in Cr.P.(Execution) No.538 of 2008.

3.

As it appears, the said Cr. P (Execution) was filed by the Petitioner seeking execution of order dated 6th February, 2002 passed by learned Judge, Family Court, Cuttack in Crl. P. No.397 of 2001. While entertaining such application, learned Judge, Family Court, Cuttack held that the present Petitioner is entitled to Rs.4,200/-, i.e., the arrear amount from 10th September, 2007 to 10th September, 2008. The Opposite Party has already paid Rs.5,000/-. So there is balance amount of Rs.800/- to be adjusted towards arrear maintenance of the Petitioner.

4.

The present RPFAM has been filed on 25th January, 2010 with 109 days delay. It appears that after issuance of notice in the matter of limitation, the Petitioner has not taken

// 2 // any step to get the matter listed. In that view of the matter, nothing remains to be adjudicated in this RPFAM. 5.

Accordingly, the RPFAM is disposed of with an observation that if the Petitioner has any subsisting case of action, she may agitate the same before the competent court of law.

Issue urgent certified copy of the order on proper application.

(K.R. Mohapatra) Judge s.s.satapathy