Sachidananda Patra vs Indumati Patra And Others

K.R. Mohapatra, J

RPFAM NO. 143 OF 2022

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

Mr. Mohanty, learned counsel for the Petitioner submits that the Opposite Parties filed an application under Section 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/- per month to each of Opposite Party Nos.2 and 3 till disposal of the proceeding under Section 125 Cr.P.C. Being aggrieved, the Petitioner filed an application under Section 127 Cr.P.C. for variation of the said order. The said application was rejected. Hence, this RPFAM has been filed.

Mr. Mohanty, learned counsel for the Petitioner submits that evidence from the side of Opposite Parties has already been closed in the proceeding under Section 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 Section 125 Cr.P.C. He also undertook to cooperate with learned Judge, Family Court, Bhubaneswar for adducing evidence and conclusion of the proceeding under Section 125 Cr.P.C.

In that view of the matter, this Court feels it appropriate that the proceeding under Section 125 Cr.P.C. should be disposed of at an early date without being influenced by any of the observations made either in the order of interim maintenance under Section 125 Cr.P.C. or in the impugned order passed under Section 127 Cr.P.C.

Learned counsel for the Opposite Parties does not have any objection to the same.

In view of the above, this Court disposes of this RPFAM with a direction that learned Judge, Family Court, Bhubaneswar shall make all endeavour to see that the proceeding under Section 125 Cr.P.C. is disposed of at an early date. Parties are also directed to cooperate with learned Judge, Family Court, Bhubaneswar for early disposal of the proceeding under Section 125 Cr.P.C.

It is made clear that while adjudicating the petition under Section 125 Cr.P.C., learned Judge, Family Court, Bhubaneswar shall not be influenced by any of the observations made either in the order passed for grant of interim maintenance or in the order passed under Section 127 Cr.P.C, which is assailed herein. It is further made clear that the interim order of maintenance passed under Section 125 Cr.P.C. shall be subject to the final result of the proceeding under Section 125 Cr.P.C.

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

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