Dismissed

Tapan Kumar Bihari v. Sradhanjali Patra

Orissa HC14 Jul 2022WP(C)/16564/2022

Case brief

AI extract

What is this about?

The High Court, in a writ petition filed by a husband seeking early disposal of divorce proceedings, observed that the underlying civil case was not ready for hearing. The petition was dismissed but the petitioner was advised to approach the Family Court with grounds for early disposal once the matter becomes ready.

What did the court decide?

None granted. Petitioner advised to apply to the Family Court for early disposal once the matter is ready for hearing.

Tapan Kumar Bihari Vs Sradhanjali Patra — Matrimonial and Divorce | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) NO.16564 OF 2022

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Tapan Kumar Bihari

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.... Petitioner

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Mr. Sanjay Kumar Pattanaik, Advocate

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-versus-

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…. Sradhanjali Patra Opp. Party

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CORAM:

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JUSTICE K.R. MOHAPATRA

ORDER

Order No.

14.07.2022

This matter is taken up through hybrid mode.

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The Petitioner in this writ petition seeks for a direction for early disposal of Civil Proceeding No. 135 of 2020 pending before learned Judge, Family Court, Puri.

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Mr. Pattanaik, learned counsel for the Petitioner submits that the Opposite Party-Wife left the matrimonial home without any justifiable cause. In spite of best efforts, she did not came back to join the matrimonial life with the Petitioner. In that view of the matter, the Petitioner finding no other alternative filed an application under Section 13(1)(i)(ia) of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce. He also submits that due to non-cooperation of Opposite Party, the matter is lingering for which the Petitioner is highly prejudiced.

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Upon hearing learned counsel for the Petitioner and on perusal of the case record, it appears that the case was last posted to 5^th July, 2022 for filing objection to the petition for amendment filed by the Petitioner. It also reveals that the matter is not ready for hearing. As such, a direction for early disposal of C.P. No. 153 of 2020 cannot be issued at this stage.

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Page 1 of 2

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// 2 //

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This writ petition is, therefore, disposed of with an observation that the Petitioner, if so advised, may file an application before learned Judge, Family Court, Puri for early disposal of C.P. No. 135 of 2020 stating the grounds therein when the matter becomes ready for hearing and in that event, learned Judge, Family Court, Puri may do well to consider such petition for early disposal of C.P. No. 135 of 2020 in accordance with law and proceed with the matter. Parties are directed to cooperate with learned Judge, Family Court, Puri for early disposal of C.P. No. 135 of 2020.

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Urgent certified copy of this order be granted on proper

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bks

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application.
(K.R. Mohapatra)
Judge

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Tapan Kumar Bihari v. Sradhanjali Patra

Case brief

What is this about?

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Tapan Kumar Bihari v. Sradhanjali Patra

Case brief

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