Bandana Mishra vs Jyoriranjan Mishra
2021 Latest Caselaw 9267 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             W.P. (C) No. 25988 of 2021

            Bandana Mishra                     ....                              Petitioner
                                                               Mr. B.K. Sharma, Adv.
                                                -Versus -
            Jyoriranjan Mishra                 ....                      Opposite Parties
                                                                                       .
                                                                       Mr. B. Rath, Adv.

                    CORAM:
                     DR. JUSTICE B.R. SARANGI
                                       ORDER

03.09.2021

Order No. This matter is taken up through hybrid mode.

2. Heard Mr. B.K. Sharma, learned counsel for the petitioner.

3. Mr. B. Rath, learned counsel and associates entered appearance on behalf of opposite party-husband by filing vakalatnama, which is taken on record. His name be indicated in the cause list.

4. The petitioner has filed this writ petition seeking to quash the order dated 17.08.2021 passed by the Judge, Family Court, Bhubaneswar under Annexure-4, by which the petition filed by her has been rejected on the ground that the same deserves no merit at all to defer further cross examination of P.W.I. to any other date and also closed the examination of P.W.1.

5. Mr. B.K. Sharma, learned counsel for the petitioner

contended that the action of the Judge, Family Court, Bhubaneswar is arbitrary and illegal in view of the judgment of the apex Court in the case of Koushalya v. Mukesh Jain (Criminal Appeal Nos.1129-1130 of 2019, arising out of SLP (Crl.) No.643-644 of 2019), disposed of on 24.07.2019, and judgment of this Court in the case of Ghasiram Das v. Srimati Arundhati Das, AIR 1994 Ori.15.

6. Mr. B. Rath, learned counsel for the opposite party contended that against the order passed by the learned Single Judge on 28.01.2013 in W.P.(C) No.700 of 2009, appeal bearing W.A. No. 35 of 2013 was preferred by the petitioner and the Division Bench of this Court vide order dated 24.09.2019 directed the learned Judge, Family Court, Bhubaneswar to conclude the proceeding as expeditiously as possible within a period of three months from the date of receipt of copy of the order. It is contended that till date for some reason or other, the petitioner-wife is not cooperating in the proceeding itself. Consequentially, the order of this Court passed in the writ appeal has not been complied with in disposing of the proceeding, which caused prejudice to the opposite party. It is further contended that as per the direction of the Judge Family Court, Bhubaneswar to pay a sum of Rs.1.0 lakh to the petitioner, first installment has already been deposited and, as such, the second installment has been deposited only on 02.09.2021, which the petitioner-wife can withdraw. It is further contended that the order dated 17.08.2021 has already been recalled by the Judge Family Court, Bhubaneswar and also directed the petitioner-wife to participate in the proceeding so that the matter can be

disposed of in compliance of the direction given by this Court.

7. Mr. B.K. Sharma, learned counsel for the petitioner contended that whether the amount has been deposited in compliance of the orders dated 22.04.2021, 23.06.2021 and 06.07.2021 of Judge, Family Court, Bhubaneswar, the same is not within the knowledge of the petitioner. As such, if such amount has already been deposited, the petitioner will take steps for withdrawal of the same in accordance with law.

8. Issue notice to the opposite party.

9. Since Mr. B. Rath, learned counsel has already entered appearance on behalf of the opposite party, let an extra copy of the writ petition be served on him enabling him to reply to the same.

10. List on 20.09.2021.

Ashok                                                 (Dr. B.R. Sarangi)
                                                           Judge