Orissa High Court
Seetal Prava Bisoi @ Seetal Prabha vs Rohan Kumar Palei on 12 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 8204 of 2023
Seetal Prava Bisoi @ Seetal Prabha .... Petitioner
Bisoi
Miss Deepali Mahapatra, Advocate
-versus-
Rohan Kumar Palei .... Opp. Party
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 12.04.2023
1. 1. This matter is taken up through Hybrid mode.
2. Petitioner in this writ petition prays for a direction to
dispose of CMA No.145 of 2022 filed for setting aside the ex-
parte judgment dated 17th August, 2022 (Annexure-2) passed by
learned Judge, Family Court, Cuttack in Civil Proceeding No.59
of 2021. Miss Mahapatra, learned counsel also prays for a
direction to stay further proceeding in MAT Case No.13 of 2022
pending before learned Civil Judge (Senior Division), Aska for
dissolution of marriage by a decree of divorce till disposal of
CMA No.145 of 2022.
3. It is submitted that since CP No.59 of 2021 was
disposed of ex-parte, the Petitioner could not pray for
permanent alimony. Hence, the application under Order IX Rule
13 CPC has been filed to restore the CP to enable the Petitioner
to claim for permanent alimony.
// 2 //
3.1 Further, the Opposite party has already appeared before
learned Civil Judge (Senior Division), Aska in MAT Case
No.13 of 2022 and filed a memo stating that marriage between
the parties has already been dissolved by a decree of divorce in
CP No.59 of 2021. Hence, learned trial Court is proceeding
ahead with the MAT Case to dispose of the same in terms of CP
No.59 of 2021. In the circumstances stated above, if the MAT
Case No.13 of 2022 is disposed of during pendency of CMA
No.145 of 2022, the Petitioner may not receive permanent
alimony to which she is otherwise entitled to. Hence, she prays
for early disposal of CMA No.145 of 2022 filed under Order IX
Rule 13 CPC and to stay further proceeding of MAT Case
No.13 of 2022 pending before learned Civil Judge (Senior
Division), Aska till disposal of petition under Order IX Rule 13
CPC.
3.1 It is her submission that there is no legal impediment for
early disposal of CMA No.145 of 2022 filed under Order IX
Rule 13 CPC, as the Opposite Party has already entered
appearance and filed his show cause.
4. Taking into consideration the submission of learned
counsel for the Petitioner, this Court, without expressing any
opinion on the merits of the case of the Petitioner in CMA
No.145 of 2022, disposes of the writ petition with an
observation that learned Judge, Family Court, Cuttack shall do
well to consider and dispose of CMA No.145 of 2022 in
accordance with law as expeditiously as possible, preferably
within a period of six months, if there is no legal impediment.
// 3 //
4.1 In the meantime, the Petitioner is also at liberty to file
an application under Section 10 CPC to stay further proceeding
in MAT Case No.13 of 2022 pending before learned Civil Judge
(Senior Division), Aska and in such event, learned trial Court
shall do well to consider the same in accordance with law giving
opportunity of hearing to the parties concerned.
Issue urgent certified copy of the order on proper
application.
(K.R. Mohapatra)
Judge
s.s.satapathy
