Sthiti Prangya Priyadarshini v. Satyajit Nayak

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 21814 OF 2022 Sthiti Prangya Priyadarshini ....

Petitioner Mr. Niranjan Lenka, Advocate -versusSatyajit Nayak ....

Opp. Party

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

21.09.2022 01.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition prays for a direction for early disposal of Civil Proceeding No.931 of 2018 pending before learned Judge, Family Court, Bhubaneswar. 3.

Mr. Lenka, learned counsel submits that the Petitioner has filed the civil proceeding for dissolution of marriage by a decree of divorce. Although the Petitioner has filed her evidence in affidavit since 6th November, 2019, but the Opposite Party is not coming forward to cross-examine her. As a result, the matter could not proceed since then. He further submits that the Petitioner is the only daughter of her parents and is taking care of them. The father of the Petitioner is a Cardiac patient and her mother is suffering from cancer. Thus, pendency of the proceeding for non-cooperation of the Opposite Party would cause serious prejudice to her. Hence, he prays for the aforesaid relief.

4.

In absence of up-to-date order sheet of civil proceeding, this Court is not in a position to ascertain the stage of the civil

// 2 // proceeding. It is submitted by learned counsel for the Petitioner that there is no legal impediment for early disposal of the civil proceeding, but the matter is lingering as learned Judge, Family Court is liberally granting adjournments.

5.

In view of the above, this Court disposes of this writ petition with an observation that in the event the Petitioner files an application for early disposal of C.P. No.931 of 2018 stating the grounds therein within a period of two weeks hence along with certified copy of this order, learned Judge, Family Court, Bhubaneswar shall do well to consider such application and proceed with the matter accordingly.

6.

It is observed that learned Judge, Family Court should not grant unnecessary and long adjournments and if moved, it may take coercive action against the parties, who does not cooperate for early disposal of the proceeding. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge ms