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Orissa High Court

Bhabani Sankar Dash vs Prabasini Rath …. Opp. Party on 27 February, 2024

Author: K.R. Mohapatra

Bench: K.R. Mohapatra

Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 28-Feb-2024 12:57:15 IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 4024 OF 2024
Bhabani Sankar Dash …. Petitioner
Mr. Prakash Kumar Mishra, Advocate
-versus-
Prabasini Rath …. Opp. Party

CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 27.02.2024

1. 1. This matter is taken up through hybrid mode.

2. The Petitioner in this writ petition prays for a direction to
learned Judge, Family Court, Nayagarh for disposal of C.P.
No.174 of 2022 at an early date.

3. It is submitted by Mr. Mishra, learned counsel that the
Petitioner has filed C.P. No.174 of 2022 under Section 13(1) of
the Hindu Marriage Act, 1955, which is pending for
adjudication. Maintenance pendente lite has also been granted
in favour of the Opposite Party. In order to harass the Petitioner,
the Opposite Party-Wife is taking adjournment in the matter on
some ground or other and the same is being allowed liberally. It
is submitted by learned counsel for the Petitioner that the matter
is now posted for evidence of the Opposite Party-Wife. But, by
filing different applications, she is managing to adjourn the civil
proceeding and is avoiding to adduce evidence in the matter. In
view of the above, the Petitioner is highly prejudiced. Hence,
finding no other alternative, this writ petition has been filed for
the aforesaid relief.

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Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 28-Feb-2024 12:57:15 4. Considering the submission made by learned counsel for
the Petitioner and on perusal of the record, it appears that the
civil proceeding is posted for evidence of the Opposite Party. It
also appears that the civil proceeding was being adjourned on
certain occasions on the prayer of the Opposite Party-
Respondent. In view of the above, this Court is of the considered
opinion that the Opposite Party-Respondent should not be
granted adjournment liberally.

5. Accordingly, the writ petition is disposed of with a
direction that learned Judge, Family Court, Nayagarh shall not
adjourn the matter unnecessarily/liberally on the prayer of any of
the parties. Parties are also directed to cooperate with learned
Judge, Family Court, Nayagarh for early disposal of C.P. No.174
of 2022, if there is no legal impediment.

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

(K.R. Mohapatra)
ms Judge

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