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Orissa High CourtWP(C)/4659/2022disposed off

Subnam Swain @ Mohanty v. Sujan Kumar Mohanty

2022-03-03Mr. Justice K.R.Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 4659 of 2022 Subnam Swain @ Mohanty .....

Petitioner Mr.S.S. Bhuyan, Advocate -versusSujan Kumar Mohanty ....

Opp. Party

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

03.03.2022 1.

1.

This matter is taken up through Hybrid mode.

2.

Petitioner in this writ petition prays for a direction for early disposal of IA No.52 of 2020 (arising out of CP No.203 of 2020) filed under Section 24 of the Hindu Marriage, 1955 (for short, 'the Act').

3.

Mr. Bhuyan, learned counsel submits that the Opposite Party is husband of the Petitioner, who has filed CP No.203 of 2020 under Section 13 of the Act for dissolution of the marriage. The present Petitioner on appearance filed an application in IA No.52 of 2020 under Section 24 of the Act. Although the application was filed on 4th September, 2020 and the matter is ready for hearing, but learned Judge, Family Court, Cuttack is not taking up the matter for which the Petitioner is seriously prejudiced. It is his submission that objection to the application under Section 24 of the Act has already been filed and there is no legal impediment for early disposal of the said IA. Hence, he prays for the aforesaid relief.

// 2 // 4.

Taking into consideration the submission of learned counsel for the Petitioner and on perusal of the order sheets (Annexure-3) in IA No.52 of 2020, it transpires that the matter is being adjourned since 19th July, 2021 for hearing. 5.

In view of the above, this Court, without expressing any opinion on the merit of the case of the Petitioner, disposes of the writ petition with a direction that on production of certified copy of this order, learned Judge, Family Court, Cuttack shall make an endeavour for early disposal of IA No.52 of 2020, as expeditiously as possible, preferably by end of April, 2022 giving opportunity of hearing to the parties concerned, if there is no legal impediment.

Issue urgent certified copy of the order on proper application.

(K.R. Mohapatra) Judge s.s.satapathy