Bholanath Mahanta v. Monalisha Mahanta

IN THE HIGH COURT OF ORISSA AT CUTTACK

MATA No. 75 of 2019 Bholanath Mahanta ......

Appellant Mr. R.D. Nayak, Advocate -versusMonalisha Mahanta ......

Respondent

CORAM:

JUSTICE S. TALAPATRA JUSTICE SAVITRI RATHO

ORDER

03.11.2022 Order No.

04.

1.

This matter is taken up through hybrid mode.

2.

Heard Mr. R.D. Nayak, learned counsel appearing for the Appellant.

3.

None appears for the Respondent when the matter is taken up.

4.

We may note with great satisfaction that the mediation as referred by this Court for mitigating the dispute between the parties has become successful. According to Mr. Nayak, learned counsel, the parties are living together and as such, this appeal has become infructuous.

5.

Before parting with the record, we must observe that the order dated 04.05.2019 as delivered in C.P. No.63 of 2018 by the Judge, Family Court, Keonjhar was passed in a proceeding under Section 18 and 20 of the Hindu Adoptions and Maintenance Act, 1956. By the impugned order, the said petition was allowed against the Appellant and he was

directed to pay Rs.3,000/- per month to his wife (the Respondent No.1) and Rs.2,000/- per month to his son (the Respondent No.2) till he attains the majority. 6.

Since Mr. Nayak, learned counsel has submitted that after the successful mediation, the parties are living together, this order as challenged in the appeal will have not force as long as they are living together.

7.

In the above view of the matter, we dispose of this appeal.

8.

Draw the decree accordingly.

(S. Talapatra) Judge (Savitri Ratho) Judge Murmu