Disposed

Sanjukta Patra@Ruchi Patra v. Gyana Ranjan @ Rabi Padhi

Orissa HC4 Oct 2021TRP(C)/50/2020

Case brief

AI extract

What is this about?

The High Court issued guidelines for expeditious disposal of Section 9 Hindu Marriage Act proceedings, capping them at six dates within four months. It directed conciliation, affidavit filing, and travel expense reimbursement for the wife.

What did the court decide?

The transfer petition was disposed of. Stay to Family Courts to adhere to new guidelines for expeditious disposal of Section 9 proceedings and deposit of travel expenses.

Sanjukta Patra@Ruchi Patra Vs Gyana Ranjan @ Rabi Padhi — Matrimonial and Divorce | Orissa HC (2021)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

TRP (C) No.50 of 2020

¶3

Sanjukta Patra @ Ruchi Patra

¶4

…. Petitioner

¶5

Mr. S.Ku. Panda, Advocate

¶6

-versus-

¶7

Gyana Ranjan @ Rabi Padhi

¶8

…. Opposite Party

¶9

CORAM: JUSTICE BISWANATH RATH

ORDER 04.10.2021

Order No.

1. This transfer petition at the instance of the wife-Petitioner, involves transfer of an application U/s.9 of the Hindu Marriage Act.

¶14

2. From the long experience of this Court, it is observed that even Section 9 of the Hindu Marriage Act applications are kept pending finalization for years. Even after coming to experience that decree involving such proceeding remains un-executable. Normally these proceedings are initiated as a steppingstone to get a chance to take up the proceeding for decree of divorce. It is keeping this in view, this Court here decides to issue a guideline for expeditious disposal of the Section 9 of the Hindu Marriage Act proceedings: (1) While issuing notice either to wife or husband, as the case may be; let the notice also directs the opponent to file his / her willingness, unwillingness affidavit alongwith its appearance on the date fixed.

¶15

Page 1 of 3

¶16

// 2 //

¶17

(2) Dependent on such affidavit let there be at least two dates for conciliation purpose. (3) In the event the conciliation succeeds, let the Section 9 proceeding be concluded on the same date. (4) Provided the opponent disagrees on the date of hearing in the Section 9 proceeding, order/judgment shall be passed on the next date. (5) In the section 9 proceeding at the instance of the husband, if the wife shows her willingness and the husband declines to take back the wife, the husband may be criminally prosecuted for coming to the Court with false intention and keeping the Court engaged unnecessarily. (6) In no circumstance the proceeding should exceed six dates, however, in case of urgent necessity there may be one more date and all the dates should be within a period of maximum four months.

¶18

3. Considering the submission made by the learned counsel for the Petitioner, this Court here records the submission of learned counsel for the Petitioner that the wife is not willing to join the husband. This Court, therefore, directs the wife to send her response by way of an affidavit through Speed Post with A.D or Registered Post with A.D addressing to the Registrar of the District Court, Gajapati with her contact number therein within a period of seven working days hence and upon receipt of such affidavit the Registrar of the District Court, Gajapati shall place the same before the Court concerned within a period of three working days thereafter. The Family Court shall next undertake at least two conciliations before posting the case vide MAT Case No.1 of 2020 for final hearing and close the proceeding by passing appropriate order immediately on the next date. Whole proceeding should be concluded within three

¶19

Page 2 of 3

¶20

// 3 //

¶21

months hence. This Court here makes an observation, in the event the wife is required to move to Paralekhemundi to attend the Court proceeding on the date fixed and as there is possibility of travelling expenses, the husband is directed to deposit a sum of Rs.2000/(rupees two thousand) only at least two days prior to the each date of posting of the proceeding and the amount be released in favour of the wife on filing of appearance memo on each date of posting.

¶22

4. With the aforesaid observation and direction the Transfer Petition stands disposed of.

¶23

5. Registry is directed to communicate a copy of this order to all the Family Courts in the State of Odisha and also the learned District Judges, who are also directed to communicate this order to the Courts undertaking such exercise in their jurisdiction other than Family Courts.

¶24

(Biswanath Rath) Judge

¶25

A.K. Jena

¶26

Page 3 of 3

Sanjukta Patra@Ruchi Patra v. Gyana Ranjan @ Rabi Padhi

Case brief

What is this about?

What did the court decide?

Sanjukta Patra@Ruchi Patra v. Gyana Ranjan @ Rabi Padhi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Masuka Fatama Vs State of Odisha

Judhistira Pradhan Vs State of Odisha

Kishore Chandra Nayak Vs State of Odisha

Bhagaban Sahoo Vs State of Odisha

Akshaya Kumar Sahoo Vs State of Odisha

Parsukanta Jena Vs State of Odisha