Shankarsan Rout vs Anuradha Rout@ Jhili .... Opposite ...
2025 Latest Caselaw 1553 Ori

Orissa High Court

Shankarsan Rout vs Anuradha Rout@ Jhili .... Opposite ... on 22 July, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLREV No. 403 of 2025
            Shankarsan Rout                         ....             Petitioner

                                             Mr. D.P.Mohapatra, Advocate

                                        -Versus-
            Anuradha Rout@ Jhili                    ....     Opposite Parties

                                                         Mr. P.K.Ray, AGA

                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK

                                       ORDER

22.07.2025

I.A. No. 557 of 2025 Order No.

01. 1. Heard Mr. Mohapatra, learned counsel for the petitioner.

2. Instant I.A. is filed by the petitioner for condonation of delay in filing of the revision in terms of Section 5 of the Limitation Act.

3. On the point of limitation, the Court is inclined to issue notice to the opposite party for hearing and orders.

4. Accordingly, it is directed with a request to Mr. Mohapatra, learned counsel for the petitioner to file the requisites within seven days. In the event, the requisites are filed and received, notice shall be issued to the opposite party forthwith.

5. List this matter on 26th August, 2025 for orders.

(R.K. Pattanaik) Judge

02. 1. Heard.

2. Instant I.A. is filed for stay of execution of the impugned order i.e. Annexure-1 for the reason stated.

3. Referring to a judgment in MAT Case No. 41 of 2013 as at Annexure-4, it is submitted by Mr. Mohapatra, learned counsel for the petitioner that the petitioner is a lawyer by profession and he applied for restitution of conjugal rights but despite a decree dated 21st July, 2015 therein, the opposite party has not joined him till date. It is further submitted that learned court below did not direct the parties to file asset and liability affidavits as required in view of the judgment of the Apex Court in Rajnesh Vrs. Neha (2021) 2 SCC 324.

4. Considering the above submission, awaiting appearance of the opposite party, this Court, as an interim measure directs that there shall be no further coercive action against the petitioner till the next date in anticipation that there may be a successful mediation between them.

5. List on the date fixed for further orders.

6. A certified copy of this order be issued as per rules. kabita

Signed by: KABITARANI MAJHI (R.K. Pattanaik)

Judge