Reeta Satapathy Vs Basanta Kumar Satapathy

2. The writ petition has been preferred by the Petitioners, who are the Petitioners in Criminal Execution No.41 of 2023 (Arising out of C.R.P. No.30 of 2013), pending in the Court of learned Judge, Family Court, Bhubaneswar.

¶15

3. A prayer has been made in the writ petition to set aside the order dated 16.09.2025 passed in Criminal Execution No.41 of 2023. A further prayer has been made to direct the Opposite Party to pay the arrear dues/payment in respect of maintenance in terms of the order dated 09.05.2023 passed in Cr.P. No.30 of 2013.

¶16

4. During hearing, learned Counsel for the Petitioners submits, he would like to confine his first prayer made in the writ petition and seeks for a

¶17

direction to the learned Executing Court to proceed further in Criminal Execution No.41 of 2023 in terms of its own order dated 11.03.2024, instead of waiting for the Mediation Report in C.P. No.372 of 2024 and conclude the execution proceeding at the earliest.

¶18

5. Accordingly, the prayer made in the writ petition is confined, as submitted by the learned Counsel for the Petitioners.

¶19

6. To avoid further delay, the writ petition is taken up for hearing and disposal at the stage of admission without noticing the Opposite Party-Husband.

¶20

7. Heard learned Counsel for the Petitioners.

¶21

8. As is revealed from the order dated 11.03.2024 passed in Criminal Execution No.41 of 2023, the learned Court below passed the following order:-

¶22

“The petitioner is present whereas the O.P is absent. However, Counsel for both the parties are present. Counsel for the OP filed a petition praying for time. Heard. Time is allowed. Hence, put up on 8.4.24 for payment of balance execution dues as last chance. No further time will be allowed thereafter .” (Emphasis supplied)

¶23

9. As is further revealed from the impugned order dated 16.09.2025, despite such order dated 11.03.2024, as extracted above, the learned Court below adjourned the execution proceeding to 30.10.2025 for consideration of payment after receiving the Mediation Report in C.P. No.372 of 2024.

¶24

Page 2 of 4

¶25

10. On being asked, learned Counsel for the Petitioners submits, Criminal Execution No.41 of 2023 is arising out of C.R.P. No.30 of 2013 preferred by the Petitioner No.1-Wife under Section 125 Cr.PC, which stood disposed of on 09.05.2023 on contest. Though the execution proceeding has no bearing with C.P. No.372 of 2024, the learned Court below has tagged the said proceeding in Criminal Execution No.41 of 2023 to the C.P. No.372 of 2024 and is not proceeding further in terms of its own order dated 11.03.2024 to ensure execution of order passed in C.R.P. No.30 2013. 11. Since the order sheet dated 16.09.2025 in Criminal Execution No.41 of 2023, as at Annexure 3, reveals that the execution case was last posted to 30.10.2025, on being asked, the learned Counsel for the Petitioners submits, from 30.10.2025 now the matter stands posted to 12.02.2026 for the same purpose awaiting mediation report in C.P. No.372 of 2024.

¶26

12. Taking note of the averments made in the writ petition and the submissions made by the learned Counsel for the Petitioners, the learned Judge, Family Court, Bhubaneswar is directed to proceed further in Criminal Execution No.41 of 2023 in accordance with law without waiting for the mediation report in C.P. No.372 of 2024, as ordered vide order dated 16.09.2025, which is impugned in this writ petition.

¶27

Page 3 of 4

¶28

13. The learned Judge, Family Court, Bhubaneswar is directed to prepone the date in Criminal Execution No.41 of 2023 to 15.12.2025 with due intimation to the learned Counsel for the Opposite Party, who represents him in the said proceeding and proceed further in accordance with law so also in terms of its own order dated 11.03.2024 and try to conclude the said proceeding at the earliest, preferably within a period of three months w.e.f. 15.12.2025.

¶29

14. Accordingly, the writ petition stands disposed of.

¶30

15. Since the writ petition stands disposed of at the stage of admission without noticing the Opposite Partyhusband, based on the submissions made by the learned Counsel for the Petitioners and the petitioners have not disclosed the orders passed in between 11.03.2024 and 16.09.2025, in Criminal Execution No.41 of 2023, liberty is granted to the Opposite PartyHusband to move appropriate application for variance of this order, in case it is found that any wrong submission has been made before this Court.

¶31

16. Urgent certified copy this order be granted on proper application as per rules.

(S.K. MISHRA)

Banita

JUDGE

Signature Not Verified

¶36

Digitally Signed

¶37

Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, C UTT ACK Date: 04-Dec-2025 13:13:02

¶38

Page 4 of 4

Reeta Satapathy v. Basanta Kumar Satapathy

Case brief

What is this about?

What did the court decide?

Reeta Satapathy v. Basanta Kumar Satapathy

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Rashmita Behera Vs Kharabela Digbijaya Patra

Union of India Vs M/S. P.K Naidu and Co.

Manas Ranjan Sethi Vs Jyotshnarani Sheet

Anadi Charana Mohanty Vs Debasis Rout,Tahasildar,Vyasanagar,Jajpur

Shaibalini Dash Vs Subhradip Mishra

Jirlina Pani Vs Satya Shankar Acharya