Arpita Mohanty v. Sourav Pattnaik

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 9465 of 2022 Arpita Mohanty .....

Petitioner Mr. Om Swarup, Advocate -versusSourav Pattnaik ....

Opp. Party

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

02.05.2022 1.

1.

This matter is taken up through Hybrid mode.

2.

Petitioner in this writ petition prays for a direction for early disposal of C.P. No.942 of 2018 pending before learned Judge, Family Court, Bhubaneswar.

3.

Mr. Swarup, learned counsel for the Petitioner submits that the Petitioner has been arrayed as Opposite Party in CP No.942 of 2018 filed for dissolution of marriage by a decree of divorce under Section 13(1) of the Hindu Marriage Act, 1955. Although written statement has been filed by the Petitioner since long, but due to non-cooperation of the Opposite Party (Petitioner in CP) the matter is being adjourned for which the present Petitioner is highly prejudiced.

4.

Taking into consideration the submission of learned counsel for the Petitioner, this Court is of the considered opinion that the ground taken cannot be considered to direct learned Judge, Family Court, Bhubaneswar to take up CP No.942 of 2018 out of turn. This Court has also taken note of huge pendency of cases of such nature before the learned

// 2 // Judge, Family Court, Bhubaneswar. As such, prayer made in this writ petition cannot be entertained.

5.

However, the Petitioner, if so advised, may file proper application to take coercive action against the Opposite Party (Petitioner in CP), if he is not cooperating with the Court for early disposal of the CP. The parties are also directed to cooperate with learned Judge, Family Court, Bhubaneswar for early disposal of CP No.942 of 2018.

6.

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

Issue urgent certified copy of the order on proper application.

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