Santosh Kumar Panda vs Itishree Dash
2025 Latest Caselaw 5256 Ori

Orissa High Court

Santosh Kumar Panda vs Itishree Dash on 21 March, 2025

Bench: B.P. Routray, Chittaranjan Dash

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 MATA No. 212 of 2023

                 Santosh Kumar Panda               ....         Appellant
                                           Mr. S. R. Acharya, Advocate

                                        -versus-
                 Itishree Dash                     ....        Respondent


                          CORAM:
           THE HON'BLE MR. JUSTICE B.P. ROUTRAY
        THE HON'BLE MR. JUSTICE CHITTARANJAN DASH

                                        ORDER

Order No.                              21.03.2025

  03.       1.      Heard learned counsel for the Parties.

2. Despite sufficiency of notice, the Respondent did not enter appearance.

3. Present appeal is directed against the judgment dated 3rd May 2023 of learned Judge, Family Court, Cuttack passed in C.P. No.867 of 2021, wherein the prayer of the wife for restitution of conjugal right has been allowed.

4. As seen from the impugned order and submitted by the husband-Appellant, he was precluded from filing his written statement in the Civil Proceeding before the learned Family Judge, Cuttack. Thus, the Appellant was not permitted to adduce evidence. It is evident from the impugned judgment that considering the pleadings and evidence of the wife-Respondent, present impugned order has been passed directing restitution of conjugal right.

5. Since it is clear that the husband has been deprived of opportunity of making pleadings and evidence on his part before the learned Judge, Family Court, Cuttack, we are inclined to set aside the impugned judgment and remand back the matter to the learned Judge, Family Court, Cuttack for fresh adjudication, subject to payment of cost of Rs.5,000/- (Rupees Five Thousand only) to be paid by the husband to the wife.

6. The matter is remanded back to the learned Judge, Family Court, Cuttack in C.P. No.867 of 2021 to decide in accordance with law after granting opportunity of hearing to both parties. The parties are directed to co- operate for early disposal of the proceeding and the cost shall be paid to the wife on the date of her appearance before learned judge, Family Court, Cuttack.

7. In the result the Appeal is allowed and the impugned judgment is set aside.

(B.P. Routray) Judge

(Chittaranjan Dash) Judge

Bijay/Sarbani