Ashutosh Jena v. Srutirekha Muduli

IN THE HIGH COURT OF ORISSA AT CUTTACK

RPFAM NO. 349 OF 2022 Ashutosh Jena ....

Petitioner Ms. Anima Kumari Dei, Advocate -versusSrutirekha Muduli and another .... Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

22.12.2022 RPFAM NO.349 OF 2022 & I.A. NO.448 OF 2022

1. 1.

This matter is taken up through hybrid mode.

2.

I.A. No.448 of 2022 has been filed for condonation of delay of 68 days in filing RPFAM.

3.

The RPFAM has been filed assailing the ex parte order dated 8th July, 2022 (Annexure-3) passed by learned Judge, Family Court, Jagatsinghpur in Criminal Proceeding No.99 of 2021 directing the Petitioner to pay maintenance of Rs.5,000/- per month to the Opposite Party No.1 and Rs.3,000/- per month to the Opposite Party No.2 from the date of application, i.e. 1st December, 2021.

4.

Since the Petitioner has a remedy under proviso to Section 126(2) Cr.P.C. to seek for setting aside the ex parte order, this Court without entertaining the application filed for condonation of delay disposes of both the I.A. and RPFAM with an observation

// 2 // that the Petitioner may avail the statutory remedy for setting aside the ex parte order impugned herein.

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

(K.R. Mohapatra) Judge bks