[Cites 8, Cited by 0]
Orissa High Court
Priyadarshani Mohanty & vs Dillip Kumar Jena & Ors on 10 April, 2026
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.1097 of 2026
Priyadarshani Mohanty & ..... Petitioner (s)
Anr. Mr. Ananta Narayan
Pattanayak, Advocate
-versus-
Dillip Kumar Jena & Ors.
..... Opposite Party (s)
CORAM:
THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
Order No. 10.04.2026
1. This matter is taken up through hybrid
arrangement.
2. The Petitioners have filed this CRLMC seeking a
direction from this Court to the learned JMFC,
Bhubaneswar to conclude and dispose of the proceeding
filed by the Petitioners under the Protection of Women
from Domestic Violence Act, 2005 in CMC No.1004 of 2024.
3. The brief fact of the case is that the Petitioners had
filed an application under Sections 12, 18, 20 and 22 of the
Protection of Women from Domestic Violence (PWDV)
Act, 2005 on 21.08.2024 with a prayer for appropriate order
for granting monthly maintenance to them as well as
litigation expenses so also the compensation to be paid by
the Opposite Parties in their favour. The petitioners have
filed separate application under Section 23 of the
Reason: Authentication Page 1 of 4.
Protection of Women from Domestic Violence Act, 2005 on
the same day i.e. on 21.08.2024 along with the affidavit of
assets and liabilities with a prayer to direct the Opposite
Party No.l to pay monthly interim maintenance in favor of
the petitioners. The learned trial court had issued summon
vide order dated 21.08.2024 to the Opposite Parties. The
Opposite Parties repeatedly took time to file their show
cause reply as well as the affidavit of assets and liabilities.
4. In view of such facts, though the present Opposite
Parties have failed to file their response in due time, the
petitioners have filed a petition on 28.11.2024 for strike off
the defence of the Opposite Parties for not filing the show
cause reply along with the affidavit of assets and liability
within a time frame. The Opposite Parties have also filed
reply on 04.01.2025 to the application filed by the
petitioners under Section 23 of the Protection of Women
from Domestic Violence Act, 2005. The present petitioners
have also filed the objection to the affidavit of assets and
liabilities filed by the Opposite Party No. 1. Even though
the present Opposite Party No.l has filed the Affidavit of
assets and liabilities, but due to suppression of the
material facts and non-disclosure of proper information as
per the Enclosure-I of the Format, The present petitioners
have filed application under Section 340 of Cr.P.C. read
Reason: Authentication Page 2 of 4.
with Section-379 of BNSS against the Opposite Party No.
1 for suppression of the material facts in the said affidavit.
Thereafter, the petitioners have filed an application on
06.05.2025 before the learned concerned court with a
prayer to issue direction to the Opposite Party No.l to
provide the statements of last 3 years of all Bank accounts
maintained by him. Out of all those applications, only one
petition i.e. for striking off the defence of the Opposite
Parties filed by the petitioners has been heard by the
learned concerned court wherein the said petition has
been dismissed vide order dated 21.06.2025.
5. Being aggrieved by the said order, the petitioners
preferred an Appeal before the learned District and
Sessions Judge, Bhubaneswar vide Criminal Appeal No.68
of 2025 and the said Appeal has been heard by the learned
Additional District and Sessions Judge-cum-Special Judge
(CBI Court No.II), Bhubaneswar and the same was
disposed of vide judgment dated 05.12.2025 allowing the
same in part with a direction to the learned Trial court to
dispose of the objection filed by the Appellants/ aggrieved
persons dated 04.01.2025 by giving opportunities to both
the parties to place their matter. It was further directed
that after disposal of the objection, the learned trial court
will consider the application for striking off the defence
Reason: Authentication Page 3 of 4.
afresh on its own merit. Being aggrieved with the delay in
disposal of the CMC No.1004 OF 2024 which is the
proceeding initiated by the petitioners under Protection of
Women from Domestic Violence Act, 2005 vide CMC
No.1004 of 2024 is pending in the court of leaned JMFC,
Bhubaneswar, the petitioners are constrained to approach
this Court.
6. Upon hearing the learned counsel for the
Petitioners and on going through the averment made in
this petition, this Court is of the view that it is mandated
to complete the proceeding within 60 days from the date
of first hearing as per Sub-section 5 of Section 12 of the
Protection of Women from Domestic Violence Act, 2005.
Hence, this Court directs the learned JMFC, Bhubaneswar
to stick to the time line as prescribed under the Act and
dispose of the CMC No.1004 of 2024 within a period of two
months, failing which this Court shall take it seriously.
7. The CRLMC stands disposed of, accordingly.
(Dr. Sanjeeb K Panigrahi)
Judge
Gitanjali
Reason: Authentication Page 4 of 4.
