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K. R. MOHAPATRA
Suresh Pandey – Appellant
Versus
Saraswati Dash – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Anirudha Das, Advocate

ORDER

This matter is taken up through hybrid mode.

2. Judgment dated 26th March, 2016 (Annexure-8) passed by learned Judge, Family Court, Bhubaneswar in Criminal Proceeding No.72 of 2014 is under challenge in this RPFAM, whereby the Petitioner has been directed to pay maintenance of Rs.5,000/- per month to the Opposite Party from the date of filing of the application, i.e., from 16th July, 2014.

3. Mr. Das, learned counsel for the Petitioner assails the impugned order under Annexure-8 on two grounds. Firstly, he submitted that the Opposite Party is not the legally married wife of the Petitioner and secondly, the Opposite Party left the matrimonial home and lived separately without any reasonable cause.

4. It is his submission that the Opposite Party had married to one, Nalini Kanta Satpathy on 30th June, 1994, who died on 20th January, 1995. After his death, she married to Bhabani Prasad Satpathy, the younger brother of Nalini Kanta Satpathy. When the marriage with Bhabani Prasad Satpathy was subsisting, the Opposite Party by playing fraud obtained signature of the Petitioner and got the marriage certificate dated 29th June, 1999. Thus, the alleged marriage of the Opposite Party wi

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