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Orissa High CourtRPFAM/74/2015withdrawn

Minorva Rout v. Sitakanta Samal

2022-03-14Mr. Justice K.R.Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

RPFAM No. 74 OF 2015 Minorva Rout ....

Petitioner Mr. Soumya Mishra, Advocate -versusSitakanta Samal ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

14.03.2022 05.

1.

This matter is taken up through hybrid mode.

2.

This RPFAM has been filed assailing the judgment dated 4th September, 2014 passed by the learned Judge, Family Court, Puri in C.R.P. No.62 of 2013 filed by the present Petitioner and her children under Section 125 Cr.P.C. 3.

Learned Judge, Family Court, Puri while allowing maintenance in favour of the children of the Petitioner, refused to grant maintenance in favour of the Petitioner. Hence, this RPFAM has been filed.

4.

In course of hearing, Mr. Mishra, learned counsel for the Petitioner submits that interest of justice will be best served, if the Petitioner files an application under Section 125 Cr.P.C. under the changed circumstances. He, therefore, prays for withdrawal of this writ petition to avail the remedy, as aforesaid.

5.

Considering such submission, this RPFAM is disposed of as withdrawn.

// 2 // 6.

It is made clear that observation made in the impugned order will not weigh in the mind of learned Judge, Family Court, Puri while adjudicating the fresh application under Section 125 Cr.P.C., if any, filed by the Petitioner. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge ms