JUDGMENT :

Sanjeeb K. Panigrahi, J.

1. In this Criminal Miscellaneous Petition, the petitioner seeks a direction from this Court to quash the maintenance proceeding in CRP No.133 of 2007 pending in the court of learned Judge, Family Court, Cuttack and to set aside all consequential orders, contending that continuation of the proceeding amounts to abuse of process in light of the wife’s alleged conduct and criminal conviction.

I. FACTUAL MATRIX OF THE CASE:

2. The facts of the case are as follows:

(i) The dispute arises out of CRP No. 133 of 2007 pending before the Learned Judge, Family Court, Cuttack, filed by the wife (Opp. Party No.2) under Section 125 CrPC seeking monthly maintenance from the husband (petitioner in CRLMC).

(ii) In CRP No. 133/2007, the Family Court passed an ex parte order dated 20.08.2008 directing the husband to pay Rs.1,200 per month to the wife from the date of application i.e., 16.03.2007, recording that the husband entered appearance but remained absent and was set ex parte on multiple dates before final order.

(iii) The husband challenged the ex parte maintenance order before the High Court in RPFAM No. 02 of 2009, which was disposed of on 23.08.2024, granting