Disposed¶25

Narayan Meher v. Rita Meher

Orissa HC10 Feb 2026RPFAM/142/2023

Case brief

AI extract

What is this about?

RPFAM No.142 of 2023; Narayan Meher v. Rita Meher; High Court of Orissa at Cuttack; Justice Mruganka Sekhar Sahoo; order dated 10.02.2026; Family Court Balangir; CMC No.13 of 2022; CMC No.3 of 2021; Section 125 Cr.P.C. monthly maintenance; Section 126(2) Cr.P.C. set aside ex-parte order; Bharatiya Nagarik Suraksha Sanhita 2023; Section 5 Limitation Act condonation of delay; ex-parte on 21.09.2021; decree 06.11.2021; mutual settlement before court below; memo not press; revision disposed; copy of order forwarded to Family Court Balangir.

What did the court decide?

None adjudicated; the revision petition was disposed of as not pressed following the parties' mutual settlement, and a copy of the order was directed to be forwarded to the learned Judge, Family Court, Balangir for the records of CMC No.13 of 2022. ¶25

Narayan Meher Vs Rita Meher — Maintenance and Alimony | Orissa HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the revision petition challenging the Family Court, Balangir judgment refusing to set aside the ex-parte maintenance order should be disposed of in view of the parties' mutual settlement before the court below and the petitioner's memo not pressing the matter.

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Court's answer

The memo filed by learned counsel for the petitioner, recording that the parties had mutually settled the matter before the court below and seeking to not press the revision petition, is taken on record.

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Ratio / Principle

In view of the memo recording mutual settlement and non-pressing of the matter, the revision petition (RPFAM No.142 of 2023) stands disposed of.

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Detailed headnote1 paragraphs

High Court of Orissa at Cuttack — RPFAM No.142 of 2023, Narayan Meher (petitioner-husband) v. Rita Meher (opposite party-wife); Order dated 10.02.2026, Coram: Justice Mruganka Sekhar Sahoo. The revision challenged the judgment dated 17.03.2023 of the Judge, Family Court, Balangir in CMC No.13 of 2022, whereby the husband's application under Section 126(2) Cr.P.C. (repealed and substituted by the parimateria provision of the Bharatiya Nagarik Suraksha Sanhita, 2023) to set aside the ex-parte order and restore CMC No.3 of 2021 was rejected, along with dismissal of the condonation-of-delay petition under Section 5 of the Limitation Act. CMC No.3 of 2021 was the wife's Section 125 Cr.P.C. monthly maintenance claim, decreed on 06.11.2021 after the husband was set ex-parte on 21.09.2021. By memo, the petitioner's counsel stated that the parties had mutually settled the matter before the court below and sought to not press the revision; the memo was taken on record and the revision petition stood disposed of, with a copy of the order directed to be forwarded to the Family Court, Balangir for the records of CMC No.13 of 2022.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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RPFAM No.142 of 2023

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Narayan Meher

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…. Petitioner

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Mr. M.K. Pati, Advocate

-versus-

Rita Meher

…. Opp. Party

CORAM: JUSTICE MRUGANKA SEKHAR SAHOO

ORDER

10.02.2026

Order No.

01.

(Hybrid Mode)

1 . The petitioner-husband in the marriage is before this Court challenging the judgment dated 17.03.2023 passed by the learned Judge, Family Court, Balangir in CMC No.13 of 2022 that was filed invoking Section 126(2) of Cr. P.C. (since repealed and substituted by parimateria provision contained in Bharatiya Nagarik Suraksha Sanhita, 2023) for setting aside ex-parte order and restoration of the case i.e. CMC No.3 of 2021.

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2 . CMC No.3 of 2021 was filed by the opposite party-wife in the marriage claiming monthly maintenance under Section 125 Cr.P.C. (since repealed and substituted by parimateria provision contains in Bharatiya Nagarik Suraksha Sanhita, 2023).

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The matter was listed before the learned Family Court on 31.08.2021. Thereafter, on 21.09.2021, the

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opposite party-husband-petitioner was set ex-parte and on 06.11.2021 the judgment and decree was passed allowing the petition.

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3 . The application filed under section 126 (2) Cr.P.C. was rejected along with dismissal of the petition for condonation of delay under Section 5 of the Limitation Act for setting aside the ex-parte judgment.

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4 . After filing of the revision application before this Court in the year 2023 nothing much has happened, notice has not been issued, the matter has not been listed though filed on 25.04.2023.

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5 . Learned counsel for the petitioner files memo of date which states thus:

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“The petitioner counsel have got information that both parties mutually settled the matter before Court below. Hence kindly “not press” the above matter.” (sic)

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The memo is taken on record. Scanned copy be updated.

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6. In view of the above, the mater stands disposed of.

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Copy of this order shall be forwarded to the learned Judge, Family Court, Balangir to be kept on the records of CMC No.13 of 2022 disposed of on 17.03.2022.

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Signature Not Verified

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(Mruganka Sekhar Sahoo)

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Digitally Signed Signed by: JYOSTNARANI MAJHEE Reason: Authentication Location: OHC Date: 13-Feb-2026 18:02:27 Jyostna

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Judge

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Page 2 of 2

Narayan Meher v. Rita Meher

Case brief

What is this about?

What did the court decide?

Narayan Meher v. Rita Meher

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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