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Orissa High CourtWP(C)/3454/2022disposed off

Ambaris Mohanty v. Swagatika Dhir

2022-02-18Mr. Justice K.R.Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 3454 OF 2022 Ambaris Mohanty ....

Petitioner Mr. Bibhu Prasad Das, Advocate -versusSwagatika Dhir ....

Opp. Party

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

18.02.2022 1.

1.

This matter is taken up through hybrid mode.

2.

This writ petition has been filed for a direction to the learned Judge, Family Court, Bhubaneswar for early disposal of C.P. No. 780 of 2015.

3.

It is submitted by Mr. Das, learned counsel for the Petitioner that the Petitioner has filed a civil proceeding under Section 13(1) of the Hindu Marriage Act, 1955. Repeated conciliation being failed, the matter is posted for hearing. The Petitioner has already led evidence and the matter is being adjourned repeatedly for evidence of the Opposite Party-Wife. Due to non-cooperation of Opposite Party-Wife, the matter could not be disposed of. Hence, the Petitioner is seriously prejudiced. Finding no other alternative, this writ petition has been filed for the aforesaid relief.

4.

Upon hearing learned counsel for the Petitioner and on perusal of the order sheet annexed to the writ petition as Annexure-1 series, it appears that the matter is posted for hearing from the side of the Opposite Party. It further appears that either due to absence of the

// 2 // Opposite party or for accommodation sought for by the Bar Association, the matter is being adjourned.

5.

In that view of the matter, this Court while disposing of this writ petition directs that in the event the Petitioner files an application for early disposal of C.P. No. 780 of 2015 stating the grounds therein within a period of two weeks hence along with certified copy of this order, learned Judge, Family Court, Bhubaneswar shall do well to consider the said application in accordance with law as expeditious as possible preferably within a period of four weeks therefrom and proceed with the matter. Parties are directed to co-operate with the learned Judge, Family Court, Bhubaneswar for early disposal of C.P. No. 780 of 2015.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) bks/ms Judge