Choudhury Santosh Ku.Mishra v. Rita Bihari@Mishra

IN THE HIGH COURT OF ORISSA AT CUTTACK

RPFAM No. 50 OF 2019 Choudhury S.K. Mishra ....

Petitioner Mr. A. Mohanta, Advocate -versusRita Bihari @ Mishra and another ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

24.11.2022 6.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this RPFAM seeks to assail the order dated 27th November, 2013 passed in Criminal Proceeding No.430 of 2011, whereby entertaining an application for interim maintenance, learned Judge, Family Court, Cuttack, disposed of the criminal proceeding ex parte.

3.

In course of hearing, Mr. Mohanta, learned counsel for the Petitioner submits that in view of proviso to Section 126(2) Cr.P.C., the Petitioner before approaching this Court, should have file an application before learned Family Court to set aside the ex parte order. He, therefore, prays for withdrawal of the RPFAM seeking liberty to file an application under proviso to Section 126(2) Cr.P.C.

4.

In view such submission, this RPFAM is disposed of as withdrawn granting liberty to the Petitioner to file an application under proviso to Section 126(2) Cr.P.C. within a period of two weeks hence along with certified copy of this order and in that event, learned Judge, Family Court, Cuttack shall do well to

// 2 // entertain the said application in accordance with law. While adjudicating the petition for condonation of delay, learned Judge, Family Court, Cuttack shall take into consideration the pendency of the RPFAM before this Court from 7th March, 2019 till date along with other grounds.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge ms