Orissa High Court
Swagatika Jena vs Prasant Kumar Singh on 5 February, 2025
Bench: B. P. Routray, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No.178 of 2023
Swagatika Jena .... Appellant
Mr. P.K. Nanda, Advocate
-versus-
Prasant Kumar Singh .... Respondent
Mr. A. Mishra, Advocate
CORAM:
JUSTICE B. P. ROUTRAY
JUSTICE CHITTARANJAN DASH
ORDER
05.02.2025
Order No.
05. 1. Heard Mr. P.K. Nanda, learned counsel for the Appellant-Wife
and Mr. A. Mishra, learned counsel for the Respondent-Husband.
2. The decree of divorce by dissolution of marriage has been
granted vide impugned judgment dated 27.02.2023 passed by the
learned Judge, Family Court, Bhubaneswar in C.P. No.752 of
2018.
3. It is submitted that, during pendency of divorce proceeding in
C.P. No.752 of 2018, the Wife has filed an application under
Section 9 of the Hindu Marriage Act praying for restitution of
conjugal right in C.P. No.209 of 2019. But the learned Judge,
Family Court, Bhubaneswar without taking note of pendency of
said application filed by the Wife has disposed of divorce
proceeding granting decree of divorce on the prayer of the
Husband.
Location: High Court of Orissa, Cuttack
Date: 06-Feb-2025 10:46:31
4. It is further submitted on behalf of the Wife-Appellant that, she
was not granted due opportunity of hearing in the present
proceeding before learned Family Judge, where she did not file
her written statement and did not adduce any evidence that too
without cross-examination of Petitioner's witness even.
5. On the other hand, it is submitted by the Husband-Respondent
that, the Wife lost her opportunity to file the WS and thus could
not participate in adducing evidences or to cross-examine
Petitioner's witness.
6. Having heard both parties and going through the impugned
judgment, it is found admitted that the Wife has neither adduced
any evidence nor she filed her WS and even she has not cross-
examined Petitioner's witness. This being the admitted position,
in addition to the fact that the application for restitution of
conjugal right, filed by the Wife, was not considered along with
the petition for divorce, filed by the Husband, we found it proper
to remand back the matter.
7. Accordingly, the appeal is allowed and the impugned judgment
dated 27.02.2023 passed in C.P. No.752 of 2018 is set aside. The
learned Judge, Family Court, Bhubaneswar is directed to proceed
afresh in accordance with law by clubbing both the cases
together. The Wife may be granted one further opportunity to file
her WS and in the event she files her WS, the proceeding shall
continue from that stage.
8. Parties present before us are directed to appear before the
learned Judge, Family Court, Bhubaneswar on 24th February 2025
Signed by: BASANTA KUMAR BARIK
Designation: Secretary
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 06-Feb-2025 10:46:31
along with a copy of this order. Learned Judge, Family Court,
Bhubaneswar is also requested to complete the proceedings
within a period of six months thereafter.
9. The amount of permanent alimony in terms of the direction of
the learned Judge, Family Court, Bhubaneswar, if has been
deposited in the meantime, the same shall be returned to the
depositor.
10. An urgent certified copy of this order be granted on proper
application.
(B.P. Routray)
Judge
(Chittaranjan Dash)
Judge
B.K. Barik
Signed by: BASANTA KUMAR BARIK
Designation: Secretary
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 06-Feb-2025 10:46:31
