Orissa High Court
Anuva Choudhury @ Mishra vs Biswajit Mishra on 13 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). NO.30804 OF 2023
Anuva Choudhury @ Mishra .... Petitioner
Mr. Tusar Kumar Mishra, Advocate
-versus-
Biswajit Mishra .... Opp. Party
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 13.10.2023
01. 1. This matter is taken up through hybrid mode.
2. Petitioner in this writ petition seeks to assail the order dated
19th August, 2023 (Annexure-4) passed by learned Judge, Family
Court-II, Bhubaneswar in C.P. No.514 of 2022 rejecting the
application to accept the written statement filed by her.
3. It is submitted by Mr. Mishra, learned counsel for the
Petitioner that the Opposite Party filed an application under Section
13(1) of the Hindu Marriage Act, 1955 for dissolution of marriage
by decree of divorce between the parties before learned Judge,
Family Court, Sambalpur. The Petitioner, being a resident of
Berhampur, filed an application for transfer of the said CP before
this Court in TRP (C) No.324 of 2017. The said petition was
disposed vide judgment dated 5th September, 2022 directing the
transfer of the CP No.128 of 2016 pending in the Court of learned
Judge, Family Court, Sambalpur to the learned Family Court,
Berhampur. The parties were directed to appear on 12th October,
2022 to receive further instruction in the matter. On transfer, the CP
was renumbered as CP No.514 of 2022. On the date fixed by this
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Court, none of the parties could appear. However, the Opposite
Party appeared through learned amicus curiae but the Petitioner
could not be represented. As such, learned Judge, Family Court
directed to issue notice to the Petitioner. After receipt of the notice,
the Petitioner appeared on 20th April, 2023 through learned amicus
curiae. As she could not arrange document, she sought for
adjournment on 23rd June, 2023 and 13th July 2023. Thereafter, the
mater was referred to conciliation. Since conciliation failed, the
matter was posted to 5th August, 2023 for hearing. On 5th August,
2023, when the matter is posted for hearing, the Petitioner filed an
application to accept the written statement filed on the said date.
Learned Judge, Family Court holding that acceptance of written
statement will amount to violation of this Court's order, rejected the
petition. Hence, this writ petition has been filed
4. It is submitted by Mr. Mishra, learned counsel that the
Petitioner is ready to contest the proceeding by filing the written
statement. In view of the impugned order, she is highly prejudiced
and will be non-suited. He, therefore, submits that a further
opportunity should be given to the Petitioner to file the written
statement and contest the CP.
5. Taking into consideration the submission made by learned
counsel for the Petitioner and keeping in mind that the CP is
pending since 2016, this Court feels that issuance of notice to the
Opposite Party and awaiting his reply will further delay the matter.
Hence, the impugned order under Annexure-4 is set aside.
6. Since the Petitioner has already filed the written statement,
the same should be accepted on payment reasonable cost to be
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imposed by learned Judge, Family Court-II, Bhubaneswar upon
hearing learned counsel for the parties to avoid further
complications and multiplicity of litigation.
7. The writ petition is accordingly disposed of.
8. Since the writ petition is disposed of without issuing any
notice to the Opposite Party, he is at liberty to seek for variation of
this order, if he feels aggrieved.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
Judge
Rojalin
Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 16-Oct-2023 11:07:12
