High CourtsSingle Bench

Debabrata Acharya vs Rajashree Mishra And Another

Orissa High Court · Decided on 27 April 2023 · Citation: (2023) 04 OHC CK 0264

HON’BLE JUDGES
K.R. Mohapatra, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 125, 127
RESULT
Disposed Of
CASE NUMBER
RPFAM No. 133 Of 2017
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Judgment

7 paragraphs · 184 words

K.R. Mohapatra, J

1.

This matter is taken up through hybrid mode.

2.

Judgment and order dated 26th April, 2017 (Annexure-1) passed by learned Judge, Family Court, Khurda in Criminal Petition No. 7 of 2015 is under challenge in this RPFAM, whereby the Petitioner has been directed to pay maintenance of Rs.5,000/- per month to each of the Opposite Parties from the date of application, i.e. 19th January, 2015.

3.

It is submitted by Mr. Panda, learned counsel for the Petitioner that subsequent to the order passed under Section 125 Cr.P.C., the Opposite Parties filed an application under Section 127 Cr.P.C. in Criminal Petition No.19 of 2018, which was disposed of vide order dated 24th November, 2022 enhancing the maintenance amount of Rs.9,000/- per month to be paid to each of the Opposite Parties with effect from 15th January, 2022.

4.

Learned counsel for the parties submit that in view of subsequent order passed under Section 127 Cr.P.C., the RFPFAM has become infructuous.

5.

In view of the submissions made by learned counsel for the parties, the RPFAM is disposed of as infructuous.

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