Orissa High Court
Smt. Soumyashree Kar vs Sri Sujit Kumar Mishra on 1 November, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No. 61 of 2021
Smt. Soumyashree Kar ...... Appellant
Mr. P.K. Panda, Advocate
-versus-
Sri Sujit Kumar Mishra ...... Respondent
Mr. S.K. Mishra, Advocate
CORAM:
JUSTICE S. TALAPATRA
JUSTICE SAVITRI RATHO
ORDER
01.11.2022
Order No.
07. 1. This matter is taken up through hybrid mode.
2. Heard Mr. P.K. Panda, learned counsel appearing for
the Appellant (the wife) and Mr. S.K. Mishra, learned counsel
appearing for the Respondent (the husband).
3. The Appellant (the wife) has filed this appeal against
the ex parte judgment dated 13.03.2020 delivered in Misc.
Civil Appl (GUA) No.30 of 2018 by the Judge, Family Court,
Keonjhar. By the said judgment, the Judge, Family Court,
Keonjhar has directed that the custody of their daughter,
Sucheta Mishra will remain with the Respondent herein. It has
been directed further that the custody of their daughter be
handed over to the Respondent by the Appellant herein within
three months from the date of the order i.e. 13.03.2020, failing
which it has been directed the Respondent will be at liberty to
take recourse of law for execution of the order of this Court.
4. It is the fact which has not been disputed by either of
the parties that, after that order, neither the custody has been
restored to the Respondent nor the wife has filed this appeal
for challenging the said order. On the earlier occasion, we
find, if there is a simple line of which may turn into the
conciliated settlement and accordingly, we had passed the
order dated 26.10.2022 asking the counsel for the parties to
take the instruction from their respective clients whether the
parties are inclined to reconcile the matrimonial dispute or not.
The instruction has been taken and both Mr. Panda and Mr.
Mishra, learned counsel have submitted that the parties are
ready to reconcile their marital discord and they would live
together.
5. In view of the above consensus, which has been
arrived at on mutual understanding, we dispose of this appeal
with the following direction.
The Respondent shall take a suitable accommodation
on rent nearby the School of the daughter till the period when
her final examination which is tentatively scheduled in the
March, 2023 is over. The Appellant shall join immediately
with the daughter after the Respondent will give the
information to the Appellant. Mr. Mishra, learned counsel has
stated to this Court that such accommodation shall be arranged
within 15 days from today. The Appellant shall join there and
they would stay together because, we do not find any reasons
for apprehension. After the examination is over, the parties
shall find out further suitable accommodation or continue to
with that accommodation. We further direct that all the
pending litigations either may be withdrawn or the respective
parties shall take steps for their closure. Accordingly, this
appeal stands disposed of.
6. Decree be passed accordingly.
7. Urgent certified copy of this order be granted as per
rules.
(S. Talapatra)
Judge
(Savitri Ratho)
Judge
Murmu
