Dismissed

Kishore Kumar Naik v. State of Orissa

Orissa HC3 Oct 2023WPCRL/173/2015

Case brief

AI extract

What is this about?

Writ petition in nature of habeas corpus dismissed for want of maintainability. Court found no material to believe petitioner's wife was wrongfully confined; she was staying at her father's place after lodging an FIR against the petitioner.

What did the court decide?

No relief granted. Writ petition for habeas corpus dismissed as untenable due to lack of material showing wrongful confinement.

Kishore Kumar Naik Vs State of Orissa — Matrimonial and Divorce | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK WPCRL No.173 of 2015

¶2

Kishore Kumar Naik

Petitioner

None

-versus-

State of Odisha & others

¶7

…. Opp. Parties.

¶8

Mr. Arupananda Das, Additional Government Advocate.

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CORAM: JUSTICE S.K. SAHOO JUSTICE SIBO SANKAR MISHRA

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ORDER
Order No.
03.10.2023
3. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
None appears on behalf of the petitioner at the time
of call.
Learned counsel for the State is present.

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This writ petition in the nature of habeas corpus has been filed by the petitioner with a prayer for a direction to the opposite parties to cause production of his wife Sunali Priyadarshini Sahoo before this Court to enable the petitioner to resume his conjugal life.

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Learned counsel for the State has brought to the notice of this Court that Sunali Priyadarshini Sahoo lodged a written report before the Burla Police Station and since the same was not acted upon, she approached this Court in CRLMP No.854 of 2015 for registration of the F.I.R. and

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// 2 //

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investigation into the matter. This Court vide its order dated 10.08.2018 directed the opposite party no.4, i.e., I.I.C., Burla Police Station to register the written report and to take follow up action in accordance with the law as per the judgment of the Hon’ble Supreme Court in the case of Lalita Kumari -Vrs.- Government of Uttar Pradesh and others reported in (2014) 2 Supreme Court Cases 1.

¶15

It is submitted by learned counsel for the State that though the marriage between the petitioner and Sunali Priyadarshini Sahoo was registered before the Marriage Officer, Talcher on 18.12.2014, but the same was cancelled on 09.01.2015 as some false and fabricated materials were incorporated in the marriage certificate. It is further stated that it is the case of Sunali Priyadarshini Sahoo that she was kidnapped by the petitioner.

¶16

Though the averment has been taken in this writ petition that opposite party no.6 Saraswati Sahu and opposite party no.7 Chhabi Sahu along with other unknown persons have forcibly taken the wife of the petitioner and her whereabouts is till unknown to the petitioner, but in view of the case instituted by Sunali Priyadarshini Sahoo before Burla Police Station and also before this Court in CRLMP No.854 of 2015, it is apparent that she has not been wrongfully confined by anyone but she seems to be staying at her father’s place rather she had grievance against the petitioner for which she lodged the first information report.

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In view of the materials available on record, we do not find any material that Sunali Priyadarshini Sahoo has

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been wrongfully confined or illegally detained by anybody and therefore, this writ petition is not maintainable and accordingly, dismissed.

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(S.K. Sahoo) Judge

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(S.S. Mishra) Judge

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amit

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Signature Not Verified

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Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 06-Oct-2023 14:55:54

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Kishore Kumar Naik v. State of Orissa

Case brief

What is this about?

What did the court decide?

Kishore Kumar Naik v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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