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Judgment
8 paragraphs · 204 wordsK.R. Mohapatra, J
This matter is taken up through hybrid mode.
The Petitioner in this RPFAM seeks to assail the judgment dated 2nd March, 2023 (Annexure-4) passed by learned Judge, Family Court, Bhadrak in Criminal Proceeding No.127 of 2021, whereby he has been directed to pay maintenance of Rs.10,000/- per month to the Opposite Party No.1 and Rs.5,000/-per month to the Opposite Party No.2 from the date of filing of the application 125 Cr.P.C., i.e. 5th May, 2021.
Mr. Pattanaik, learned counsel submits that in the meantime, the Petitioner has retired from service and he does not have sufficient means to pay maintenance, as directed.
In course of argument, Mr. Pattanaik, learned counsel submits that interest of justice will be best served, if the Petitioner files an application under Section 127 Cr.P.C. for variation of the order of maintenance in view of the change in circumstance. He, therefore, prays for withdrawal of the RPFAM.
Accordingly, the RPFAM is disposed of as withdrawn with an observation that if an application under Section 127 Cr.P.C. is filed by the Petitioner, the same shall be considered in accordance with law.
Urgent certified copy of this order be granted on proper application.
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