Disposed¶22

Pradosh Kumar Rout v. Twinkle Biswal

Orissa HC5 Feb 2026WP(C)/26284/2025

Case brief

AI extract

What is this about?

High Court of Orissa at Cuttack; W.P. (C) No.26284 of 2025; Pradosh Kumar Rout v. Twinkle Biswal; Justice Mruganka Sekhar Sahoo; order dated 05.02.2026; disposal of writ petition; Section 24 Hindu Marriage Act; maintenance pendente lite Rs.5,000 per month; Family Court Nayagarh; I.A. No.1 of 2025 in C.P. No.157 of 2024; merger of interim maintenance order with final judgment; judgment dated 17.12.2025 allowing C.P.; marriage dated 1.3.2020 not a Hindu marriage (section 7); notarized certificate Ext.A no legal sanctity; rights to challenge judgment dated 17.12.2025 survive.

What did the court decide?

In view of the disposal of C.P. No.157 of 2024, the order passed under Section 24 of the Hindu Marriage Act merges with the final judgment, and the writ petition is therefore disposed of. ¶22

Pradosh Kumar Rout Vs Twinkle Biswal — Matrimonial and Divorce | Orissa HC (2026)

What the court decided

AI extract

Outcome

Disposed

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Issue for consideration

Whether the writ petition praying to set aside the order dated 21.06.2025 in I.A. No.1 of 2025 arising out of C.P. No.157 of 2024 (maintenance pendente lite under Section 24 of the Hindu Marriage Act) should be disposed of in view of the disposal of C.P. No.157 of 2024 by judgment dated 17.12.2025.

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Court's answer

In view of the disposal of C.P. No.157 of 2024, the order passed under Section 24 of the Hindu Marriage Act merges with the final judgment, and the writ petition is therefore disposed of.

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Ratio / Principle

Notwithstanding disposal of the writ petition, the rights of the parties to challenge the judgment dated 17.12.2025 survive.

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Key takeaways

Though the opposite party was not present before the Court, no order was passed that would prejudice her, in view of the disposal of the C.P.obiter¶16

Detailed headnote1 paragraphs

Writ petition (W.P. (C) No.26284 of 2025, Pradosh Kumar Rout v. Twinkle Biswal, High Court of Orissa at Cuttack, Justice Mruganka Sekhar Sahoo, order dated 05.02.2026) challenged the order dated 21.06.2025 passed by the learned Judge, Family Court, Nayagarh in I.A. No.1 of 2025 arising out of C.P. No.157 of 2024, whereby maintenance pendente lite @ Rs.5,000 per month was directed to be paid under Section 24 of the Hindu Marriage Act. During the pendency of the writ petition, counsel for the petitioner informed the Court that C.P. No.157 of 2024, filed under Sections 11 and 12 read with Section 5 of the Hindu Marriage Act, 1955, had been allowed by judgment dated 17.12.2025, a copy whereof was taken on record. Paragraph 19 of that judgment, quoted in this order, recorded that the marriage dated 1.3.2020 between the parties was not a 'Hindu marriage' having regard to section 7 of the Act, and that the notarized certificate issued by the Notary (Ext.A) had no legal sanctity and did not fulfil the mandatory requisites of marriage. Holding that, upon disposal of the C.P., the order passed under Section 24 of the Hindu Marriage Act merges with the final judgment, the Court disposed of the writ petition, expressly preserving the rights of the parties to challenge the judgment dated 17.12.2025.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P. (C) No.26284 of 2025

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Pradosh Kumar Rout

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Petitioner

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Mr. Sayantan Panda, Advocate

-versus-

Twinkle Biswal

…. Opp. Party

CORAM: JUSTICE MRUGANKA SEKHAR SAHOO

ORDER

05.02.2026

Order No.

(Hybrid Mode)

05. 1 . The matter is mentioned as it could not reach due to paucity of time.

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2 . It is submitted by the learned counsel for the petitioner that C.P. No.157 of 2024 filed by the petitioner herein under Sections 11 and 12 read with Section 5 of Hindu Marriage Act, 1955 has been allowed by judgment dated 17.12.2025. Copy of the said judgment is filed along with memo of date. The same is taken on record. Scanned copy be updated.

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3 . Though the opposite party is not present before this Court but in view of the disposal of the C.P., no order is passed that it would prejudice the opposite party.

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4 . The writ petition was filed with a prayer to set aside the order dated 21.06.2025 in I.A. No.1 of 2025 arising out of C.P. No.157 of 2024. The I.A. was filed

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invoking provision of Section 24 of the Hindu Marriage Act seeking maintenance pendente lite @ Rs.5,000/per month was directed to be paid by the learned Judge, Family Court, Nayagarh by order dated 21.06.2025.

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5 . The learned counsel for the petitioner refers to paragraph 19 of the judgment which is reproduced herein:

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“19. In the instant case, the above parameters fulfilling the mandatory requirement of valid marriage have not been adhered by the parties. In the circumstances, the ‘marriage’ dated 1.3.2020 between the parties is not a ‘Hindu marriage’ having regard to the provisions of section 7 of the Act. Moresoever, the Notarized certificate issued by the Notary vide Ext.A has no legal sanctity and does not fulfil the mandatory requisites of marriage.”

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6. In view of disposal of the C.P. the order passed under Section 24 of the Hindu Marriage Act merges with the final judgment. The writ petition is disposed of. However, rights of the parties to challenge the judgment dated 17.12.2025 would survive.

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(Mruganka Sekhar Sahoo)

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Judge

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Jyotsna

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Signature Not Verified

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Digitally Signed Signed by: JYOSTNARANI MAJHEE Reason: Authentication Location: OHC Date: 06-Feb-2026 16:26:28

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