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Deepak Kumar Mohanty v. Susmita Ray

Orissa HC5 Oct 2020WP(C)/22070/2020

Case brief

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What is this about?

In a writ petition, the court observed the nature of the prayer was innocuous and directed the High Court Judge to direct the Family Court, Bhubaneswar to consider the petitioner's application for early disposal of the divorce case if filed within two weeks with specified grounds, expediting the matter thereafter.

What did the court decide?

Directed petitioner to file an application for early disposal of C.P. No.116 of 2017 before Family Court, Bhubaneswar within two weeks stating grounds. Family Court to consider and pass necessary orde

Deepak Kumar Mohanty Vs Susmita Ray — Matrimonial and Divorce | Orissa HC (2020)

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W.P.(C) No.22070 of 2020

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05.10.2020 Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.

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Heard Mr. R. Acharya, learned counsel for the petitioner.

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The petitioner in this writ petition seeks for a direction for early disposal of C.P. No.116 of 2017 pending before learned Judge, Family Court, Bhubaneswar.

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Mr. Acharya, learned counsel for the petitioner submits that the petitioner has filed an application under Section 13(1) of the Hindu Marriage Act, 1956 for dissolution of marriage by decree of divorce before learned Judge, Family Court, Bhubaneswar which has been registered as C.P. No.116 of 2017. The opposite party-wife has already entered appearance and a report of failure of conciliation has been submitted by the Conciliator on 16.02.2019. Thereafter, the matter was posted for hearing. The petitioner has also filed his evidence in affidavit on 01.10.2019. Thereafter, the matter is being posted to different dates and there is no effective hearing since then due to non-cooperation of the opposite party-wife. He, therefore, prays for a direction for early disposal of C.P. No.116 of 2017.

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Taking into consideration the innocuous nature of the prayer made by learned counsel for the petitioner, this Court feels it proper that the petitioner should file an application for early disposal of C.P. No.116 of 2017 stated to be pending before learned Judge, Family

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Court, Bhubaneswar stating the reasons therein which can be considered by the Family Court itself.

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Accordingly, it is directed that in the event the petitioner files an application for early disposal of C.P. No.116 of 2017 stating the grounds therein before learned Judge, Family Court, Bhubaneswar within a period of two weeks hence, he shall do well to consider the same and pass necessary orders within a period of four weeks from the date of filing of such application giving opportunity of hearing to the opposite party-wife and shall proceed with the matter expeditiously.

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The writ petition is disposed of with the aforesaid observation and direction.

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Authenticated copy of this order downloaded from the website of this Court shall be treated at par with certified copy in the manner prescribed in this Court’s Notice No.4587 dated 25.03.2020.

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……..……………………

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K.R. MOHAPATRA,J.

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Deepak Kumar Mohanty v. Susmita Ray

Case brief

What is this about?

What did the court decide?

Deepak Kumar Mohanty v. Susmita Ray

Case brief

What is this about?

What did the court decide?

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