In this writ petition, the Supreme Court granted relief by directing the family court to expedite proceedings and avoid unnecessary delays to a petitioner facing travel hardships attending hearings from a distant location.
Direction issued for no unnecessary adjournments and early disposal with cross-examination completed on next date.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 25129 of 2022
Nirjhar Biswas …. Petitioner Mr.Subash Chandra Acharya, Advocate
-versus-
Sonali Biswas
…. Opp. Party
CORAM: JUSTICE K.R. MOHAPATRA
ORDER Order No. 28.09.2022 01. 1. This matter is taken up through Hybrid mode. 2. Petitioner in this writ petition prays for a direction for early disposal of CP No.175 of 2018 pending before learned Judge, Family Court, Bhubaneswar. 3. It is submitted by learned counsel that the Petitioner filed Matrimonial Suit No.1900 of 2015 under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 (for short, ‘the Act’) for dissolution of marriage by a decree of divorce before learned District Judge, Barasat in West Bengal. Since the Opposite Party-Wife is staying at Bhubaneswar she filed a transfer application before the Hon’ble Supreme Court and the case was transferred to learned Judge, Family Court, Bhubaneswar and renumbered as CP No.175 of 2018. Referring to order sheet as at Annexure-2, learned counsel for the Petitioner submits that since the Petitioner is staying at Barast in West Bengal, he has to travel all the way to Bhubaneswar to attend the Court on each
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date of posting of the case. On 18th April, 2022, the Petitioner was examined as PW-3 and was partly cross-examined by the Opposite Party. Thereafter, the matter was adjourned to 23rd June, 2022, but due to absence of Opposite Party, the matter was again adjourned to 8th August, 2022. On the said date, although both parties were present, learned Judge, Family Court, Bhubaneswar adjourned the matter to 20th September, 2022 for cross-examination of PW-3 (the Petitioner). It is submitted that till date cross-examination of PW-3 is not completed. In view of the above, the Petitioner is seriously prejudiced. Hence, he prays for early disposal of the CP.
the Petitioner and keeping in mind the difficulties of the Petitioner, this Court, disposes of the writ petition with a direction that learned Judge, Family Court, Bhubaneswar shall not allow any unnecessary long adjournment in the matter. Since the Petitioner is coming from Barasat, West Bengal, all endeavour should be made to complete his cross-examination on the next date of posting. Endeavour shall also be made for early disposal of the CP by learned Judge, Family Court, Bhubaneswar, if there is no legal impediment. Parties are directed to cooperate with learned Judge, Family Court, Bhubaneswar.
Issue urgent certified copy of the order on proper application.
(K.R. Mohapatra) Judge
s.s.satapathy
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1 issue framed by the court
Whether a direction for early disposal of matrimonial proceedings can be made to mitigate travel difficulties for the petitioner
1 provisions across 1 enactments
Nirjhar Biswas
Sonali Biswas
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
