Petitioner challenged an ex parte maintenance order. Court accepted settlement where sufficient funds were deposited and produced drafts. Impugned order set aside; parties directed to appear for further proceedings on merits.
Impugned ex parte order set aside. Petitioner directed to deposit Rs. 50,000 via bank drafts. Parties to appear on 26.09.2016.
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RPFAM No. 187 of 2014
09.09.2016 Heard learned counsel for the petitioner and learned counsel for the opposite
party.
This is an application filed by the petitioner Mahendra Kumar Behera challengi
ng the order dated 22.03.2013 passed by the learned Judge, Family Court, Berhampur in Case No.
Cr.P.49 of 2012 in which the proceeding under section 125 Cr.P.C. was allowed in part ex parte
against the petitioner and the petitioner was directed to pay maintenance of Rs.7,500/- (rupe
es seven thousand five hundred) per month calculated @ Rs.5,000/- for the opposite party no.1
and Rs.2,500/- for opposite party no.2 who is a minor from the date of filing of the proceedin
g i.e. 07.03.2012.
Learned counsel for the petitioner contended that in terms of the order dated
16.02.2015 of this Court passed in Misc. Case No.309 of 2014, a sum of Rs.40,000/- has already
been deposited before the learned Judge, Family Court, Berhampur. There was a direction to th
e learned Judge, Family Court, Berhampur to hand over the said amount to the opposite party no
.1-wife vide order dated 12.07.2016.
Learned counsel for the petitioner further contended that he has already paid
a sum of Rs.1,00,000/-(one lakh) to the opposite parties.
Learned counsel for the opposite parties submits that he has no instruction in
that respect.
Learned counsel for the petitioner contended
that at present he is ready and willing to give a sum of Rs.50,000/- by way of the bank draft
and he produced two bank drafts bearing No.625602 dated 02.08.2016 of Rs.25,000/- (rupees twen
ty five thousand) and 625603 dated 02.08.2016 of Rs.25,000/- (rupees twenty five thousand) of
Punjab National Bank which stands in the name of Chapala Nayak, opposite party no.1. The said
two bank drafts be handed over to the learned counsel for the opposite parties by the Registra
r General with due endorsement in the order sheet after keeping the xerox copies of the bank d
rafts. On consensus between the parties, the impugned ex parte order dated 22.03.2013 of the J
udge, Family Court, Berhampur is set aside and the petitioner and the opposite parties are dir
ected to appear before the learned Judge, Family Court, Berhampur on 26th September 2016 and t
he learned Judge, Family Court, Berhampur shall provide an opportunity to the petitioner to fi
le his show cause within a period of two weeks and in case the such show cause is filed within
the stipulated period, the learned Family Court Judge shall make every endevour to conclude t
he proceeding of Case No.Cr.P.49 of 2012 by the end of December 2016 giving due opportunity to
the respective parties to adduce their evidence.
It is made clear that this Court has not expressed any opinion on the merits o
f this case.
S. K. Sahoo, J.
3
2 issues framed by the court
Whether the resettlement order based on the deposit of security be accepted.
Whether to set aside the impugned ex parte order directing payment of maintenance.
2 provisions across 1 enactments
Mahendra Kumar Behera
Chapala Nayak
Opposite Party No.2 (Minor)
S. K. Sahoo
As recorded by the court registry
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