Orissa High Court
CRLMP/475/2023 of BIMALESWAR SAHU Vs SUSMITA SAHU on 29 June 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No.475 of 2023 Bimaleswar Sahu …. Petitioner None -versus- 1. Susmita Sahu 2. Akankshya Sahu …. Opposite Parties None CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO Order No. ORDER 29.06.2026 05. (Through Hybrid Mode) 1. None
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No.475 of 2023
Bimaleswar Sahu
….
Petitioner
None
-versus-
1. Susmita Sahu
2. Akankshya Sahu
….
Opposite Parties
None
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
Order No.
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ORDER
29.06.2026
05. (Through Hybrid Mode)
1. None appears for the Petitioner and the Opposite Parties.
2. The CRLMP has been filed challenging the order dated 18.10.2022 passed by the learned Judge, Family Court, Sambalpur in I.A. No.07 of 2019, arising out of C.M.C. Case No.05 of 2019 directing the Petitioner to pay Rs.3000/- per month to Opposite Party No.1 (wife) and Rs.2000/- to Opposite Party No.2 (minor daughter) from the date of filing of the I.A. i.e. 06.07.2019 and for payment of arrear interim maintenance dues in 15 equal instalments.
3. On 05.05.2023, this Court had directed the Petitioner to deposit the entire interim maintenance amount by 31st May, 2023 failing which he would be taken into custody by the Inspector in- Charge, Dhama Police Station, Sambalpur and produce before the learned Judge, Family Court and that he would be remanded to judicial custody until further orders or till he clears the arrear maintenance dues or whichever is earlier. On 06.09.2024, I.A. No.176 of 2023 filed for modification of order dated 05.05.2023 but the said application was not pressed as the learned counsel for the Petitioner submitted that the interim application has become infructuous.
4. In view of the fact that the impugned order was passed years back on 18.10.2022 and on 05.05.2023, this Court had directed for deposit of the entire maintenance amount and as no counsel appears on behalf of the Petitioner or the Opposite Party, it is presumed that the CRLMP has been rendered infructuous.
5. The CRLMP is accordingly dismissed.
6. Liberty is granted to the Petitioner to apply for modification / recall of this order in case cause of action still survives.
(Savitri Ratho)
Judge RKS Digitally Signed Signed by: RANJAN KUMAR SETHI Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 01-Jul-2026 10:29:26 Signature Not Verified