Petitioner resident in USA sought leave to appear via video conference for a civil proceeding. Court directed physical appearance in a Family Court by November 13, 2026, citing prior precedent and directed expedited trial conclusion.
Private judgment (WP) disposed; Family Court directed to hear Petitioner physically on 13.11.2026.
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
W.P.(C) No.7663 of 2026
CNR No. ODHC010178912026
Sambit Mishra
…. Petitioner
Mr. A. Mishra, Advocate
-versus-
Ipsita Dash
…. Opposite Party
Mr. B.P. Pradhan, Advocate
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
Order No.
04.
09.09.2026
This matter is taken up through hybrid mode.
2. Pursuant to the order dated 02.09.2026, learned Counsel for the Petitioner submits, as per the instruction received, the Petitioner has been granted leave by his employer from 08.11.2026 to 22.11.2026. He will arrive at Bhubaneswar on 10th November, 2026 and will return to U.S.A. on 21st November, 2026. Accordingly, he would be in a position to appear physically before the learned Court below between 11.11.2026 to 20.11.2026 for the purpose of deposing as a witness in C.P. No.716 of 2023, as directed vide the impugned order.
3. He further submits, the impugned order was passed rejecting the Petitioner’s prayer to appear through virtual mode from his residence at New Jersey. However, the learned Court below, while rejecting such prayer on
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technical ground, was of the view that any relaxation in the said regard, if permissible, can be granted by this Court, particularly when there is no such provision under the Orissa High Court Video Conferencing Rules, 2020, enabling a party to appear through virtual mode from his/her residence. It is, therefore, submitted that this Court may pass appropriate order in the said regard, permitting the Petitioner to appear through virtual mode.
4. Per contra, Mr. Pradhan, learned Counsel for the Opposite Party, files a website copy of the order dated 27.09.2024 passed in CRLMC No.2710 of 2024 (Sambit Mishra v. State of Odisha) . Drawing the attention of this Court to the observations made in paragraphs 9, 11 and 17 of the said order, he submits, in view of the observations made by the learned Co-ordinate Bench in CRLMC No.2710 of 2024, the Petitioner should not to be permitted to appear through virtual mode. The said order passed in CRLMC No.2710 of 2024 is taken on record. However, Mr. Pradhan, learned Counsel for the Opposite Party submits, he has no objection, if the Petitioner is accommodated to appear physically before the Court below on any date between 11.11.2026 to 20.11.2026, as he is at present serving in U.S.A.
5. In view of the submissions made by the learned Counsel for the Parties, the Learned Judge, Family Court-l, Bhubaneswar is directed to post C.P. No.716 of 2023 to 13th November, 2026, on which date the Petitioner (Opposite-Party in C.P. No.716 of 2023) shall appear
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physically before the Court below for his examination and cross-examination. However, it is made clear that, copy of the Affidavit Evidence of the OPW-1 shall be served on the Opposite-Party or her Counsel by 12th November, 2026.
6. It is made further clear that, if the Petitioner’s evidence, for any reason, cannot be concluded on 13th November, 2026, learned Court below shall do well to adjourn the matter to 16th November, 2026 and take up the evidence of the Petitioner on day-to-day basis and shall do well to conclude the same by 19th November, 2026 at any cost.
7. Since evidence from the side of Opposite-Party wife, who is the Petitioner in C.P. No.716 of 2023, has already been concluded, it is expected that the Learned Judge, Family Court-l, Bhubaneswar shall do well to conclude the proceeding in C.P. No.716 of 2023 at the earliest, preferably by end of January, 2027.
8. To expedite the trial in C.P. No.716 of 2023, so far as other witnesses from the side of the Respondent, if any, if so prayed, may be permitted to depose through virtual mode following the provisions enshrined under the Orissa High Court Video Conferencing Rules, 2020.
9. Both the parties are also directed not to seek for unnecessary adjournments and cooperate with the Learned Judge, Family Court-l, Bhubaneswar for compliance of the order, as directed above.
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10. It is made clear that if the Petitioner fails to appear before the learned Court below, as detailed above, the learned Court below will be at liberty to proceed further in C.P. No.716 of 2023 in accordance with law and conclude the proceeding, as observed above.
11. Accordingly, the writ petition stands disposed of. No order as to costs.
12. Urgent certified copy of this order be granted on proper application as per rules.
(S.K. MISHRA)
Anisha
JUDGE
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Signature Not Verified
Digitally Signed Signed by: ANISHA NANDA Reason: Authentication Location: OHC, CUTTACK Date: 10-Sep-2026 18:08:56
Colour shows how this judgement treated each authority
Sambit Mishra v. State of OdishaReferred¶21
CRLMC No.2710 of 2024 (Sambit Mishra v. State of Odisha)
Sambit Mishra
Ipsita Dash
Sanjay Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
