Leena Nanda v. Ajaya Kumar Panda

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 33923 OF 2022 Leena Nanda ....

Petitioner Mr. U.C. Dora, Advocate -versusAjaya Kumar Panda ....

Opp. Party

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

22.12.2022 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 Petition No.445 of 2014 pending before learned Judge, Family Court, Cuttack.

3.

It is submitted by Mr. Dora, learned counsel that the Petitioner has filed an application under Section 13(1) of the Hindu Marriage Act, 1955 for dissolution of marriage with the Opposite Party by a decree of divorce. Although the matter is ready for hearing and the Petitioner is prepared to lead evidence in the matter, the Respondent-Opposite Party is not cooperating, for which the civil petition is being adjourned to different dates. As such, the Petitioner is seriously prejudiced. 4.

It is submitted by Mr. Dora, learned counsel for the Petitioner that there is no legal impediment for early disposal of the civil petition. As the Petitioner has filed the civil petition since 2014, expeditious step for early disposal of the same should be taken.

// 2 // 5.

Considering the submission made by learned counsel for the Petitioner, this Court disposes of the writ petition with an observation that the Petitioner, if so advised, may file an application for early disposal of Civil Petition No.445 of 2014 stating the reasons therein and in that event, learned Judge, Family Court, Cuttack shall do well to consider the same and proceed with the matter for early disposal of the civil petition, if there is no legal impediment.

6.

Parties are also directed to cooperate with learned Judge, Family Court, Cuttack for early disposal of Civil Petition No.445 of 2014.

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

(K.R. Mohapatra) ms Judge