Bijay Ku.Sahu v. Nandini Sahu

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 2375 of 2016 Bijay Kumar Sahu .....

Petitioner Mr. S. Hota, Adv.

on behalf of Mr. S.K. Dwibedi, Adv.

Vs.

Nandini Sahu & Another .....

Opposite Parties

CORAM:

JUSTICE SAVITRI RATHO

ORDER

28.10.2022 (Through hybrid mode) Order No.

04.

In this application under Section 482 Cr.P.C., the order dated 27.01.2016 passed by the learned Judge, Family Court, Balasore in Cr. P. No. 45 of 2012, awarding a sum of Rs.3000/- per month towards the interim maintenance in favour of the opp. party, has been challenged.

2.

This matter had been listed on 19.09.2016 and had been adjourned for one week on the prayer of the petitioner and thereafter it was listed on 12.10.2022 and was again adjourned to 19.10.2022 on the prayer of the petitioner.

3.

Mr. S. Hota, learned counsel on behalf of Mr. S.K. Dwibedi, learned counsel for the petitioner files a memo and states that the counsel for the petitioner does not want to press this CRLMC application as there is no instruction from the petitioner. The memo be kept record.

4.

Considering the fact that the petitioner has challenged the interim order of maintenance and six years have elapsed in the meanwhile, it is presumed that the final order of maintenance must have been passed in the meanwhile.

5.

The CRLMC is therefore dismissed granting liberty to the petitioner to challenge the final order of maintenance, if so advised.

6.

Issue urgent certified copy as per rules.

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(SAVITRI RATHO) JUDGE Sukanta