Chaitanya Jyotish v. Sabita Jyotish

IN THE HIGH COURT OF ORISSA AT CUTTACK

RPFAM NO. 29 OF 2008 Chaitanya Jyotish @ Babuli ....

Petitioner Mr. Niranjan Maharana, Advocate on behalf of Mr. S.N. Biswal, Advocate -versusSmt. Sabita Jyotish and another ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

23.03.2022 8.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this RPFAM seeks to assail the order dated 11th December, 2007 passed by learned Judge, Family Court, Rourkela in Crl. Proceeding No. 78 of 2004, whereby he directed to pay a sum of Rs.500/- per month to the Opposite Party No.2 (wife of the Petitioner) and Rs.300/- per month to the Opposite Party No.2 (his son).

3.

On perusal of the order sheet, it appears that from the date of filing of RPFAM, the Petitioner is not diligent. On 22nd July, 2008, 11th September, 2008 and 11th November, 2008, learned counsel for the Petitioner remained absent. When the matter was listed on 25th November, 2008, the matter was adjourned on the prayer of learned counsel for the Petitioner. Today, Mr. Moharana, learned counsel on behalf of Mr.

// 2 // Biswal, learned counsel for the Petitioner prays for an adjournment.

4.

On perusal of the impugned order, it appears that learned Judge, Family Court, Rourkela has directed the Petitioner to pay a sum of Rs.500/- per month to his wife and Rs.300/- per month to his son. The impugned order was passed on 11th December, 2007. In that view of the matter, I am not inclined to entertain the prayer made by learned counsel for the Petitioner to adjourn the matter. 5.

Accordingly, the RPFAM is dismissed for nonprosecution. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) bks Judge