The High Court of Orissa converted an appeal into a special application for the expeditious disposal of a pending matrimonial suit, directing the Family Court to observe the time limits mandated by the Hindu Marriage Act, 1955.
Liberty granted to file a special application before the Family Court for expedited disposal of the matrimonial suit.
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
MATA No. 66 of 2023
Janmejaya Tripathy
….. Appellant Mr. S.R. Mishra, Adv.
Vs.
Liza Mohapatra & Another
….. Respondents
CORAM:
JUSTICE S.TALAPATRA JUSTICE SAVITRI RATHO
ORDER
19.04.2023
Order No.
01. 1. This matter is taken up through hybrid mode.
Appellant. He has made an oral prayer for conversion of this Appeal
into a Writ Petition.
filed their evidence by affidavit as per Order 18, Rule 4 of the C.P.C. Despite that, the matter is pending and the Appellant, being a citizen of Switzerland, is finding serious difficulty in attending the Court
Page 1 of 3
proceeding. We cannot pass any such order in this Appeal. But, we would like to observe that every Family Court is duty-bound to
observe and strictly follow the statutory obligation as created by Section 21-B (2) of the Hindu Marriage Act, 1955, which reads as follows:
(1) The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.
(2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.
(3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.”
[emphasis added]
before the Family Court, Bhubaneswar seeking expeditious disposal
of the said matrimonial suit being Civil Proceeding No. 137 of 2022
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in terms of Section 21-B(2) of the Hindu Marriage Act.
(S.Talapatra) Judge
Sukanta
(Savitri Ratho)
Judge
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2 issues framed by the court
Whether the High Court can direct a Family Court to expedite a pending matrimonial suit.
How to handle an appeal where the appellant resides abroad and faces difficulties attending court.
2 provisions across 2 enactments
Janmejaya Tripathy
Liza Mohapatra
S. Talapatra
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
