K.R. Mohapatra, J
1. This matter is taken up through hybrid mode.
2. Order dated 30th April, 2018 (Annexure-2) passed by learned Judge, Family Court, Bhadrak in Criminal Proceeding No.1228 of 2016 is under challenge in this RPFAM, whereby the Petitioner has been directed to pay maintenance of Rs.2,000/- per month to the Opposite Party-Wife and Rs.1,500/- per month to their minor sons from the date of filing of the application, i.e., from 28th September, 2016.
3. There is a delay of one hundred four days in filing the RPFAM. An application in Misc. Case No.376 of 2018 has been filed for condonation of delay.
4. In course of hearing, Mr. Lenka, learned counsel for the Petitioner prays for withdrawal of the I.A. as well as the RPFAM submitting that interest of justice will be best served, if the Petitioner files an application for variation of the order of maintenance in view of the change in circumstance.
5. Considering such submission made by learned counsel for the Petitioner, this Court disposes of the RPFAM as withdrawn.
6. Application, if any filed under Section 127 Cr.P.C. may be considered in accordance with law.
Urgent certified copy of this order be granted on proper application.
………………………………….
