SUDARSAN MALLICK Vs. SUNATI MALLICK

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Order dtd. 18/1/2023 (Annexure-4) passed by learned Judge, Family Court, Phulbani in C.R.P. No.89 of 2021 is under challenge in this RPFAM, whereby an application filed by the Petitioner under Sec. 127 Cr.P.C. has been rejected.

(3.) It is submitted by Mr. Pradhan, learned counsel that pursuant to the settlement arrived at between the parties in the Lok Adalat, the Petitioner is required to pay maintenance of Rs.5,000.00 per month to the Opposite Party No.1-Wife and Rs.3,000.00 per month to his unmarried daughter-Opposite Party No. 3 respectively. But, in the meantime, the Opposite Party No.3 has got married. Thus, she is not entitled to any maintenance. As such, an application under Sec. 127 Cr.P.C. was filed for variation of the order of maintenance. Learned Judge, Family Court, Phulbani without considering the application under Sec. 127 Cr.P.C. in its proper perspective dismissed the same. Hence, the RPFAM has been filed.