Sukanti Dash And Others vs State Of Odisha
2022 Latest Caselaw 5865 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                           ABLAPL No.1140 of 2020

              Sukanti Dash and others                ....           Petitioners

                                     Mr. Devashis Panda, Advocate

                                         -versus-

              State of Odisha                        ....           Opp. Party

                                     Mrs.Susamarani Sahoo,
                                     Addl. Standing Counsel

                                     Mr. D.P. Dhal, Senior Advocate
                                     (for the informant)

                                      CORAM:
                                  JUSTICE S.K. SAHOO
                                      ORDER

Order No. 26.10.2022

10. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard Mr. D.Panda, learned counsel for the petitioners, Mr. D.P. Dhal, learned Senior Advocate appearing for the informant and learned Addl. Standing Counsel for the State.

During the course of hearing of this anticipatory bail application, Mr. D.Panda, learned counsel for the petitioners submitted that petitioner no.1 instituted a maintenance proceeding against the complainant- informant of the case, namely, Sanjib Kumar Parida vide CRP No. 186 of 2013, which was disposed of on 29.11.2017 and maintenance was awarded in favour of petitioner no.1. It is the specific case of petitioner no.1 // 2 //

that the marriage between her and the complainant was solemnized in a temple on 27.02.2013 and after passing of the maintenance order, the complainant challenged the same before this Court in RPFAM No. 341 of 2017, which was disposed of on 24.08.2018 and against that order, one Special Leave Petition was filed before the Hon'ble Supreme Court, which was also dismissed. Learned counsel for the petitioners seeks some time to file the copy of the judgment passed by the learned Judge, Family Court, Bhubaneswar in the maintenance proceeding so also the copy of the order passed by this Court in the RPFAM.

When a query was made to the learned counsel for the informant as to whether any step has been taken by the complainant before any competent civil Court to declare the marriage between the parties as void as per the stand taken in the complaint petition, he seeks some time to obtain instruction in that respect and also file the copy of the order passed by the Hon'ble Supreme Court in the Special Leave Petition.

List this matter on 11th November 2022. Interim order passed earlier shall continue till the next date.

( S.K. Sahoo) Judge

PKSahoo