Orissa High Court
CRLMP/575/2026 of SRIKANTA TRIPATHY Vs KALPANA TRIPATHY on 2 July 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 575 of 2026 Srikanta Tripathy …. Petitioner None -versus- 1. Kalpana Tripathy 2. Subham Tripathy …. Opp. Parties Mr. Ashok Kumar Sahoo, Advocate CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 02.07.2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 575 of 2026
Srikanta Tripathy
….
Petitioner
None
-versus-
1. Kalpana Tripathy
2. Subham Tripathy
….
Opp. Parties
Mr. Ashok Kumar Sahoo, Advocate
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No. 02.07.2026
(Through Hybrid Mode)
04.
1. This CRLMP has been filed challenging the order dated 18.03.2026 passed in CRP Execution No. 12 of 2024 arising out of CRP No. 177 of 2020 passed by the leamed Judge, Family Court, Kendrapara issuing DW and Cash NBW against the petitioner for realization of arrear maintenance amount of Rs. 1,28,500/-.
2. None appears for the Petitioner when the matter is called.
3. On 19.05.2026, none had appeared on behalf of the Petitioner, for which the matter was adjourned to 20.05.2026 in order to give another chance to the learned counsel for the Petitioner. On 20.05.2026, no counsel appeared on behalf of the Petitioner for which the matter was adjourned to today.
4. Mr. Ashok Kumar Sahoo, learned counsel for the Opposite Parties submits that on 08.05.2026, this Court had directed that if the Petitioner deposits Rs.50,000/- in the Court of the learned Judge, Family Court, Kendrapara in CRP Execution No. l2 of 2024 by 14.05.2026 within one week, the execution of the D.W and CNBW issued vide order dated 18.03.2026 passed in the said shall remain stayed and that the amount shall be released in favour of the Opposite Parties. The amount of Rs.50,000/- has not been deposited till date.
5. Perused the status report dated 15.05.2026 of the learned Judge, Family Court, Kendrapara, where it is stated that from 15.01.2022 till 08.05.2025, the Petitioner Srikanta Tripathy has paid Rs.67,500/- towards interim maintenance in Cr. P. proceeding.
6. Mr. Sahoo, learned counsel for the Opposite Parties submits that till date an arrear amount towards maintenance of Rs.1,70,000/- still remain unpaid.
7. Since the said order was a conditional order, if the amount was not deposited, execution of the DW and CNBW shall not remain stayed.
8. In view of the facts that no counsel appears on behalf of the Petitioner in spite of two adjournments being granted by this Court on 19.05.2026 and 20.05.2026, this Court has no other option but to dismiss the CRLMP for non-prosecution.
9. Interim order dated 08.05.2026 is vacated.
10. Urgent certified copy of this order be granted on proper application.
(Savitri Ratho)
Judge
Sukanta Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 03-Jul-2026 21:25:19 Signature Not Verified