LAWS(ORI)-2023-8-133

SACHIDANANDA PATRA Vs. INDUMATI PATRA

Decided On August 21, 2023
Sachidananda Patra Appellant
V/S
Indumati Patra Respondents

JUDGEMENT

(1.) This RPFAM has been filed assailing the order dtd. 9/5/2022 (Annexure-1) passed by learned Judge, Family Court, Bhubaneswar in a proceeding under Sec. 127 Cr.P.C. in C.R.P. No. 302 of 2019, which is pending for adjudication.

(2.) Mr. Mohanty, learned counsel for the Petitioner submits that the Opposite Parties filed an application under Sec. 125 Cr.P.C. claiming maintenance from the Petitioner. They also filed an application for interim maintenance. Considering such application, although learned Judge, Family Court, Bhubaneswar refused to grant any interim maintenance to the Opposite Party No.1-wife, but directed the Petitioner to pay maintenance of Rs.6,000.00 per month to each of Opposite Party Nos.2 and 3 till disposal of the proceeding under Sec. 125 Cr.P.C. Being aggrieved, the Petitioner filed an application under Sec. 127 Cr.P.C. for variation of the said order. The said application was rejected. Hence, this RPFAM has been filed.

(3.) Mr. Mohanty, learned counsel for the Petitioner submits that evidence from the side of Opposite Parties has already been closed in the proceeding under Sec. 125 Cr.P.C. and it is posted for adducing evidence on behalf of the present Petitioner, who is Opposite Party in the proceeding under Sec. 125 Cr.P.C. He also undertook to cooperate with learned Judge, Family Court, Bhubaneswar for adducing evidence and conclusion of the proceeding under Sec. 125 Cr.P.C.