The Court, hearing a writ petition for expediting restoration of conjugal rights proceedings, directed the Family Court to conclude C.P. No. 150 of 2018 within three sittings including conciliation, relying on a prior observation.
Directed Family Court to conclude C.P. No. 150 of 2018 within three sittings including conciliation.
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.34162 of 2021
Pranati Mishra ..... Petitioner Mr.Chiranjaya Mohanty, Advocate
- Versus-
Dr.Debasis Misra
Opposite parties
CORAM: JUSTICE BISWANATH RATH
ORDER
18.01.2022
Order No.
01
1 . This matter is taken up through Video Conferencing
Mode.
2. Heard the learned counsel appearing for the petitioner.
3. Considering the Civil Proceeding involve is pending since
2018, taking into account the allegation of the wife-petitioner that
husband even though has already appeared in C.P.No.150 of 2018
pending on the file of Judge, Family court, Bhubaneswar and for the
dispute involves restitution of conjugal right, for the decision of this
Court already held in TRP(C) No.124 of 2014 (Priyadarshini
Thakur Vrs. Manoranjan Panda & Ors) disposed of on 03.08.2021,
this proceeding should not be kept pending for long period.
Keeping in view the observation in TRP(C) No.124 of 2014, the
Judge, Family court, Bhubaneswar is directed to conclude the
proceeding in c.P.No.150 of 2018 at the maximum within three
sittings and also including conciliation proceeding close the
proceeding accordingly. This is however subject to compliance of COVID-19 restrictions.
“ (BISWANATH RATH)
JUDGE
2 issues framed by the court
Whether the pending restitution of conjugal rights proceeding should be expedited to avoid indefinite delay.
Whether the Family Court can be directed to conclude proceedings within a specific number of sittings.
Colour shows how this judgement treated each authority
TRP(C) No.124 of 2014 (Priyadarshini Thakur Vrs. Manoranjan Panda & Ors)Referred¶3
Pranati Mishra
Dr. Debasis Misra
Biswanath Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
