Orissa High Court
Ankita Mohanta vs Samir Kumar Mohanta on 30 May, 2024
Author: S.K.Sahoo
Bench: S.K.Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No.209 of 2024
Ankita Mohanta
..... Appellant/Petitioner
/Petitioner
Mr. Niranjan Lenka,
Lenka
Advocate
-versus-
Samir Kumar Mohanta ..... Respondent/Opp.
/Opp.
Party
CORAM:
THE HON'BLE MR. JUSTICE S.K.SAHOO
THE HON'BLE MR. JUSTICE SANJAY KUMAR MISHRA
ORDER
Order No. 30.05.2024
I.A. No.246 of 2024
01. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application for dispensing with filing of
certified copy of the impugned judgment and order
dated 19.04.2024 passed by the learned Judge, Family
Court, Baripada in C.P. Case No.189 of 2021 and C.P.
Case No.210 of 2022.
Learned counsel for the appellant/petitioner
submitted that against the common judgment, the
petitioner has preferred a separate MATA vide MATA
No.191 of 2024 and certified copy of the judgment has
been filed
led in the said case
case.. Learned counsel further
submitted that since both the matters are to be heard
together, filing of certified copy of the impugned
judgment and order be dispensed with.
Prayer is allowed
allowed.
Accordingly, the I.A. stands disposed of.
(S.K. Sahoo)
Vacation Judge
(S. K. Mishra)
Vacation Judge
02. This MATA has been filed under section 19 of the
Family Courts Act by the appellant Ankita Mohanta
challenging the judgment and order dated 19.04.2024
passed by the learned Judge, Family Court, Baripada in
C.P. Case No.189 of 2021 which was filed by the
respondent-husband
husband under section 9 of the Hindu
Marriage Act, 1955 (for short, "1955 Act") for restitution
of conjugal rights
right and directing the appellant to join the
company of the respondent.
Learned counsel for the appellant submitted that
on the ground of cruelty, the appellant filed C.P. Case
No.210 of 2022 under section 27 of the Special Marriage
Act, 1954 (forr short, "1954 Act") and both C.P. Case
No.189 of 2021 and C.P. Case No.210 of 2022 were
heard analogously and disposed of by the common
judgment and order dated 19.04.2024. Learned counsel
further submitted that while the petition filed by the
appellant for
or divorce was dismissed, the respondent-
respondent
husband's petition for restitution of conjugal rights
right was
allowed. Learned counsel further submitted that
challenging the dismissal of the divorce petition, the
appellant has preferred MATA Case No.191 of 2024
before
e this Court, which has already been admitted.
Heard.
Admit.
Issue notice to the respondent.
Call for the trial Court record.
Requisites for issuance of
of notice to the respondent
by speed post with proof of delivery shall be filed within
a period of one week
week.
List this matter along with MATA No.191 of 2024
immediately after service of notice on the respondent.
respondent
(S.K. Sahoo)
Vacation Judge
(S.
S. K. Mishra
Mishra)
Vacation Judge
sipun
Designation: Senior Stenographer
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 30-May-2024 20:29:16
