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Judgment
B. P. Routray, J
Though this matter is listed under the heading “For Ordersâ€, but with the consent of learned counsel for the parties, the same is taken up for
final disposal.
Heard Mr.P.K. Mishra, learned counsel for the Petitioners and Mr.B.P. Dhal, learned counsel for the Opposite Party-Husband.
The present revision has been directed against the order dated 5.12.2017 and 3.12.2018 of the learned Judge, Family Court, Cuttack in CR.P.
No.367 of 2014.
In course of argument, Mr. P.K. Mishra, learned counsel for the Petitioners submits that he is not pressing the revision in respect of the order dated
5.12.2017, but confines his challenge to the order dated 3.12.2018 only.
In the said order dated 3.12.2018, learned Judge, Family Court, Cuttack has dismissed the proceeding for default on the ground of absence of the
Petitioners. The wife and minor daughter are the Petitioners before the learned Family Judge claiming maintenance.
After hearing both the parties and considering the benevolence of the provisions under Section 125, Cr.P.C., this Court is of the opinion that the
proceeding which has been initiated by the destitute wife with minor daughter should be restored to file.
Therefore, the impugned order dated 3.12.2018 is set aside and C.R.P. No.367/2014 is restored to its original file in the court of learned Judge,
Family Court, Cuttack. Both parties are directed to appear before the learned Judge, Family Court, Cuttack on 1t6h August, 2021 and the learned
Judge, Family Court, Cuttack shall accordingly proceed with the case. He is further directed to take expeditious step for early conclusion of the
proceeding preferably by end of March, 2022 and both parties shall cooperate with the same without taking any unnecessary adjournments.
It is brought to the notice of this Court that though by order dated 9.3.2015, an interim maintenance to the tune of Rs.7,000/-per month has been
directed to be paid to the wife and minor daughter by the Opposite Party-husband, but nothing has been paid by the husband except the amount of
Rs.1,00,000/- (rupees one lakh) in terms of the order dated 3.1.2020 of this Court.
In the circumstances, the Opposite Party-husband is directed to pay the current interim maintenance amount regularly, failing which, the Petitioners
are at liberty to take recourse of the provision under Section 125(3) of the Cr.P.C. for realization of the amount.
The RPFAM is disposed of with the aforesaid observations.
An urgent certified copy of this order be issued as per rules.
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