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Orissa High CourtWP(C)/5144/2022disposed off

Dr. Kumuda Chandra Panda v. Sunita Baral

2022-02-25Mr. Justice K.R.Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 5144 OF 2022 Dr. Kumuda Chandra Panda ....

Petitioner Mr. Bidyadhar Mansingh, Advocate -versusSunita Baral ....

Opp. Party

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

25.02.2022 1.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition prays for a direction for early disposal of C.P. No. 823 of 2021 and CRP No.19 of pending before learned Judge, Family Court, Bhubaneswar.

3.

It is submitted by Mr. Mansingh, learned counsel that the Petitioner and Opposite Party have agreed for mutual divorce. But, at present, the Opposite Party-Wife is not cooperating in the matter for which civil proceedings could not be disposed of. On the other hand, the Opposite Party-Wife has filed an application under Section 125 Cr.P.C. for maintenance, which has been registered as CRP No. 19 of 2020. In that view of the matter, Mr. Mansingh, learned counsel for the Petitioner submits that interest of justice will be best served, if both the proceedings are disposed of at an early date. 4.

The submission made by learned counsel for the Petitioner and perusal of the order sheet do not give a clear picture about the status of both the proceedings pending before learned Judge, Family Court, Bhubaneswar.

// 2 // 5.

Taking into consideration the pendency of the matter before learned Judge, Family Court, Bhubaneswar, this Court is also not in a position to direct for early disposal of both the proceedings. However, the Petitioner is at liberty to file applications in both the proceedings (C.P. No. 823 of 2021 and CRP No.19 of 2020) for early disposal of the same, when the matters become ready. In that event, learned Judge, Family Court, Bhubaneswar shall do well to consider the same in accordance with law and proceed with the matter accordingly. 6.

With the aforesaid observation and direction, this writ petition is disposed of.

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

(K.R. Mohapatra) bks Judge