IN THE HIGH COURT OF ORISSA AT CUTTACK RPFAM No.142 of 2023 Narayan Meher …. Petitioner Mr. M.K. Pati, Advocate -versus- Rita Meher …. Opp. Party CORAM: JUSTICE MRUGANKA SEKHAR SAHOO Order No. ORDER 10.02.2026 (Hybrid Mode) 01. 1. The petitioner-husband in the marriage is before this Court challenging the judgment dated 17.03.2023 passed by the learned Judge, Family Court, Balangir in CMC No.13 of 2022 that was filed invoking Section 126(2) of Cr. P.C. (since repealed and substituted by parimateria provision contained in Bharatiya Nagarik Suraksha Sanhita, 2023) for setting aside ex-parte order and restoration of the case i.e. CMC No.3 of 2021. 2. CMC No.3 of 2021 was filed by the opposite party-wife in the marriage claiming monthly maintenance under Section 125 Cr.P.C. (since repealed and substituted by parimateria provision contains in Bharatiya Nagarik Suraksha Sanhita, 2023). The matter was listed before the learned Family Court on 31.08.2021. Thereafter, on 21.09.2021, the opposite party-husband-petitioner was set ex-parte and on 06.11.2021 the judgment and decree was passed allowing the petition. 3. The application filed under section 126 (2) Cr.P.C. was rejected along with dismissal of the petition for condonation of delay under Section 5 of the Limitation Act for setting aside the ex-parte judgment. 4. After filing of the revision application before this Court in the year 2023 nothing much has happened, notice has not been issued, the matter has not been listed though filed on 25.04.2023. 5. Learned counsel for the petitioner files memo of date which states thus: “The petitioner counsel have got information that both parties mutually settled the matter before Court below. Hence kindly “not press” the above matter.” (sic) The memo is taken on record. Scanned copy be updated. 6. In view of the above, the mater stands disposed of. Copy of this order shall be forwarded to the learned Judge, Family Court, Balangir to be kept on the records of CMC No.13 of 2022 disposed of on 17.03.2022. (Mruganka Sekhar Sahoo) Judge Jyostna