Bijayalaxmi Panda v. Manish Ranjan Mishra

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 7450 OF 2022 Bijayalaxmi Panda ....

Petitioner Mr. Om Swarup, Advocate -versusManish Ranjan Mishra ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

19.04.2022 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. 140 of 2020 pending before learned Judge, Family Court, Bhubaneswar.

3.

Mr. Swarup, learned counsel for the Petitioner submits that C.P. No. 140 of 2020 has been filed by Opposite Party seeking for dissolution of marriage by a decree of divorce under Section 27 of the Special Marriage Act, 1954. Written statement has already been filed by the prewent Petitioner. Although conciliation has been failed and the matter is ready for hearing, due to non-cooperation of Opposite Party, her evidence could not be recorded. In view of pendency of the civil proceeding, the Petitioner is seriously prejudiced. Hence, this writ petition has been filed for the aforesaid relief.

4.

Since the order sheet of the civil proceeding has not been filed along with writ petition, this Court is not in a position to ascertain the status of the case. However, due to huge pendency of

// 2 // such type of cases before learned Judge, Family Court, Bhubaneswar, I am not inclined to entertain the prayer for early disposal of C.P. No. 140 of 2020.

5.

However, the Petitioner is at liberty to file an application for early disposal of C.P. No. 140 of 2020 stating the grounds therein when the matter becomes ready for hearing and in that event, learned Judge, Family Court, Bhubaneswar shall consider the said application in accordance with law and proceed with the matter accordingly.

6.

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

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

(K.R. Mohapatra) bks Judge