07. 26.03.2019

Heard

learned

counsel

for

the

petitioner.

None appears on behalf of the opposite parties.

Learned counsel for the petitioner submits that wife-

opposite party No.1 has received all the interim maintenance

dues in the meantime and due to stay order granted by this

Court, the evidence has not been recorded. It is further

submitted that vide order dated 3.9.2015, learned Judge,

Family Court, Bhubaneswar has not allowed to file his show

cause in view of the earlier order dated 26.3.2015, where the

defence was stuck off.

The proceeding under Section 125 Cr.P.C. is a

summary procedure in nature. As the evidence has not yet

been taken up by the court due to stay, without entering into

the technicality of the proceeding and keeping the submission

of the learned counsel for the petitioner in view, this Court feels

to direct in the following manner:-

1)

The arrear maintenance due as on date is to be paid

within 15 days from today, where after the husband-

Respondent shall be allowed to file show cause within one

month from thence, which shall be accepted by the court

below.

CRLMP No. 355 of 2016

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2)

The husband-Respondent shall be given opportunity

to adduce evidence if as submitted by learned counsel for

petitioner that evidence is yet to be closed.

3)

The entire exercise will be completed within three

months from the date of the communication of this order.

4)

If the above submission of the petitioner in this

Court is found incorrect to any part of the record pending in

the lower court, the learned lower court shall be at liberty to

proceed with the case as ordered by him on 26.3.2015.

With the aforesaid observation the CRLMP is

disposed of.

………………………….

Dr.A.K.Mishra, J.

Dhal

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