Arpan Kumar Patra Vs Bidya Bharati Sahoo

2. The present writ petition has been preferred by the Petitioner, who is the Opposite Party in C.P. No.90 of 2025. Impugned is the order dated 08.10.2025 passed in C.P. No.90 of 2025, vide which the application of the Petitioner for grant of certified copy of the Counsellor’s Report stood rejected.

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3. Accordingly, a prayer has been made to set aside the said order dated 08.10.2025 and direct the Court below to grant certified copy of the report of the Counsellor submitted in C.P. No.90 of 2025 within a stipulated period.

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4. In view of the limited grievance of the Petitioner, as detailed in the writ petition, to avoid further delay, the writ petition is taken up for hearing and disposal at the stage of admission without noticing the Opposite

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Parties.

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5. The impugned order dated 08.10.2025, passed by the learned Court below, being relevant, is extracted below:-

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“Copy application sought for cannot be granted as per Rule 14 of the Family Courts (Orissa) Rules, 1990/ Rule-19 of the Family Courts (Court) Rules, 2010. Hence, may be rejected.”

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6. There being reference to Rule 14 of the Family Courts (Orissa) Rules, 1990 and Rule-19 of the Family Courts (Court) Rules, 2010 in the said order, the said legal provisions are extracted below:-

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“14. Confidentiality of information . - (a) Information gathered by the Counsellor, any statement made before the Counsellor or any notes or reports prepared by the Counsellor shall be treated as confidential and shall not be disclosed to any Court or any other person except with the consent of both the parties.

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b) Such notes, statements, information, report or any material lying with the Counsellor shall be kept in sealed packets by the Counsellor and shall not form a part of evidence before the Court.”

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“19. Confidentially of Information - Information gathered by the Counsellor, any statement made before the Counsellor or any notes or report prepared by the Counsellors shall be treated as confidential and the Counsellor shall not disclose such information, statement, notes or report to any Court or other person except with the consent of both the parties .”

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(Emphasis Supplied)

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7. Learned Counsel for the Petitioner, drawing attention of this Court to the provisions enshrined under Rules 16 to 18 of the Family Courts (Orissa) Rules, 1990 submits, the Petitioner being a party to C.P. No.90 of 2025, as per the said provisions, has a right to receive a copy of the report submitted under Rules 15 & 16 of the said Rules, 1990, enabling him to make his submissions on the said report.

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8. Learned Counsel for the Petitioner further submits, even though a copy of the said report ought to have been supplied to the Petitioner-Husband, since it was not supplied by the learned Court below, the Petitioner intended to obtain a copy by applying for the certified copy of the said report, but the learned Court below, referring to wrong provisions under Rules, 1990 so also Rules, 2010, as detailed above, rejected his application.

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9. In view of the said submission made, Rules 15 to 18 of Family Courts (Orissa) Rules, 1990 are extracted below for ready reference:-

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“15. Counsellor not to give evidence . - The Counsellor shall not be asked to give evidence in any Court in respect of the information, statements, notes for report :

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Provided that the Counsellor may submit to the Court a report relating to the home environment of the parties concerned, their personalities and their relationship with their child or children in order to assist the Court in deciding the question of custody or guardianship of any child or children of the marriage:

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Provided further that, the Counsellor may also submit to the Court a report relating to home environment income or standard of

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living of the party or parties concerned in order to assist the Court in determining the amount of maintenance and/or alimony to be granted to one of the parties.

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16. Report from the Counsellor . - The Court may also request the Counsellor to submit to it a report on any other subject in order to assist the Court in adjudicating upon the matter before it or any part thereof.

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17. Supply of copies . - A copy of the report submitted under Rules 15 and 16 may be supplied to the parties on such request being made by the parties . 18. Right of the parties to make submissions . - The parties shall be entitled to make their submission on the report.”

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(Emphasis supplied)

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10. It is amply clear from the said provisions as extracted above, the parties to a matrimonial proceeding have a right to receive a copy of the report submitted by the Counsellor enabling them to make their submissions on such report.

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11. So far as Rule-14 of the Family Courts (Orissa) Rules, 1990, so also Rule-17 of the Family Courts (Court) Rules, 2010, which have been extracted above, information gathered by the Counsellor, any statement made before the Counsellor or any notes or reports prepared by the Counsellor shall be treated as confidential and shall not be disclosed to any Court or any other person except with the consent of both the parties.

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12. Admittedly, here the Petitioner-Husband, who is a party to C.P. No.90 of 2025 intended to have a copy of the said report to exercise his right conferred on him in

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terms of Rule 18 of the Family Courts (Orissa), Rules, 1990.

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13. Hence, this Court is of the view that the impugned order passed by the Court below refusing to grant certified copy of the Counsellor’s Report was illegal and unjustified, being contrary to the aforesaid Rules under Rules 1990. Accordingly, the said order is set aside.

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14. The Court below is directed to supply copy of the Counsellor’s Report to the Petitioner-Husband, who is the Opposite Party in C.P. No.90 of 2025 in terms of Rule 17 of Family Courts (Orissa), Rules 1990 within a period of one week from the date of production of certified copy of this order and proceed further in accordance with law.

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

(S.K. MISHRA)

Banita

JUDGE

Signature Not Verified

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Digitally Signed

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Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, C UTT ACK Date: 03-Dec-2025 18:02:58

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Arpan Kumar Patra v. Bidya Bharati Sahoo

Case brief

What is this about?

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Arpan Kumar Patra v. Bidya Bharati Sahoo

Case brief

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