Remanded

Rabindra Ku.Sahoo v. Sashi Sahoo

Orissa HC2 May 2017RPFAM/35/2016

Case brief

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What is this about?

Single Judge Bench disposed of an RPFAM petition reciting acceptance of a bank draft, setting aside the ex parte maintenance order, and remitting the matter to the Family Court for hearing on merits with an opportunity for both parties to adduce evidence.

What did the court decide?

Ex parte maintenance order set aside; matter remitted to Family Court for hearing on merits within three months.

Pursuant to the order dated 27.03.2017 passed in RPFAM No.35 of 2016, an Account Payee Bank Draft of Rs.50,000/- (rupees fifty thousand) bearing No. 621856 drawn in the names of th e opposite parties is filed in Court today by the learned counsel for the petitioner. The same is handed over to the learned counsel for the opposite parties.

The petitioner in this RPFAM has made a prayer to quash the order date d 06.07.2015 passed by the learned Judge, Family Court, Bhubaneswar in Crl. Proceeding No.13 o f 2015 directing the petitioner to pay monthly maintenance of Rs.5,000/- (rupees five thousand ) to each of the opposite parties from the date of filing of the application i.e. from 19.01.2 015.

Since in this case an amount of Rs.1,00,000/- (rupees one lakh) has al ready been paid by the petitioner, on the consent of the parties, the ex parte order dated 06. 07.2015 passed by the learned Judge, Family Court, Bhubaneswar stands set aside. The matter is remitted back to the learned Judge, Family Court, Bhubaneswar to dispose of the same on merit within three months of receipt of copy of this order giving chance of hearing to the petition er and allowing him to file show cause within two weeks hence and also adduce defence evidenc e, if any, and to cross-examine the witnesses already examined. The opposite parties are also at liberty to adduce further evidence, if so desired, including examination of the witnesses a lready examined further, in view of the fact that the petitioner/ opposite party in the court below has been given a chance to file show cause.

However, it is made clear that if the petitioner/opposite party in the court below does not cooperate with the proceeding for disposal at an early date, learned Jud ge, Family Court, Bhubaneswar is at liberty to proceed against him in accordance with law. It is further made clear that in the event the court finds that the petitioner is liable to maint ain the opposite parties, the amount already paid shall be adjusted.

Rabindra Ku.Sahoo v. Sashi Sahoo

Case brief

What is this about?

What did the court decide?

Rabindra Ku.Sahoo v. Sashi Sahoo

Case brief

What is this about?

What did the court decide?

What the court decided

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