Swaraj Dhar @ Swaraj Kumar Dhar v. Amrita Suvadarsinee Rath

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 5309 OF 2022 Swaraj Dhar @ Swaraj Kumar Dhar ....

Petitioner Mr. Rashmi Kanta Acharya, Advocate -versusAmrita Suvadarsinee Rath ....

Opp. Party

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

22.03.2022 01.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition seeks for a direction for early disposal of Civil Proceeding No.650 of 2019 pending before learned Judge, Family Court, Bhubaneswar. 3.

Referring to the order sheet of C.P. No. 650 of 2019, Mr. Acharya, learned counsel for the Petitioner submits that after filing of the petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955, the Opposite Party is not co-operating with learned Judge, Family Court, Bhubaneswar for which the Petitioner-husband is seriously prejudiced and put to harassment. It is also submitted that although the matter is posted for conciliation but the pleadings are complete and there is no legal impediment for early disposal of the C.P. No.650 of 2019.

4.

Taking into consideration the submissions made by learned counsel for the Petitioner and on perusal of the order sheet annexed to the writ petition as Annexure-3, this Court

// 2 // finds that the matter is posted for conciliation. Thus, it will not be proper for this Court to issue direction for early disposal of the Civil Proceeding.

5.

However, this writ petition is disposed of with a direction that in the event the Petitioner files an application for early disposal of the Civil Proceeding No.650 of 2019, when the same became ready for hearing, learned Judge, Family Court, Bhubaneswar shall consider such application in accordance with law and proceed with the matter accordingly. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge ms