Puspanjali Swain vs Shovan Kumar Sahoo .... Opposite Party
2026 Latest Caselaw 77 Ori

Orissa High Court

Puspanjali Swain vs Shovan Kumar Sahoo .... Opposite Party on 6 January, 2026

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                             WP(C) No.30120 of 2025

                 Puspanjali Swain                    ....            Petitioner
                                                          Mr. S. Mohanty, Adv.

                                          -versus-
                 Shovan Kumar Sahoo                  ....       Opposite Party

                                                      Mr. B. P. Mohanty, Adv.

                   CORAM: JUSTICE SANJAY KUMAR MISHRA

                                        ORDER

06.01.2026 Order No.

04. This matter is taken up through hybrid mode.

2. Mr. S. Mohanty & associates files Vakalatnama to represent the Petitioner with consent of the previous Counsel. Mr. Mohanty also files date chart and notes of submission so also Judgment of the Supreme Court in Shubhkaran Singh Vrs. Abhayraj Singh & others reported in 2025 SCC onLine SC 1028 so also photocopies of the certified copy of order sheet in CP No.1021 of 2021 and deposition of PW-1, which be kept on record.

3. The present writ petition has been preferred by the Petitioner-wife, who is the Respondent in CP No.1021 of 2021, challenging the order dated 30.08.2025 passed by the learned Judge, Family Court, Bhubaneswar vide which her application to recall PW-1 for further cross- examination stood allowed, subject to the condition that she shall file the questionaries to be put to PW-1 during his further cross-examination on recall.

4. On being noticed, the Opposite Party-husband, who is the Petitioner in CP No.1021 of 2021, has appeared and filed his Counter opposing to such prayer.

5. Since the pleadings are complete, on consent of the learned Counsel for the parties, the writ petition is taken up for hearing and disposal at the stage of admission.

6. However, during hearing, taking into consideration the concessions made by the learned Counsel for the parties, the writ petition stands disposed of with the observation that the learned Court below shall not insist upon the writ Petitioner, who is the Respondent in CP No.1021 of 2021, to file questionaries in terms of the impugned order dated 30.08.2025 and shall allow her /her lawyer, who has been appointed as amicus curiae, to further cross examine PW 1 on recall.

7. At this stage, it is submitted at the Bar that the next date of posting of CP No.1021 of 2021 is 8th January, 2026. Hence, it is made clear that PW-1 shall remain physically present in the Court on 8th January, 2026, unfailingly, for completion of his cross-examination.

8. Since the CP is of the year 2021, learned Court below is directed that, after conclusion of evidence of PW-1, it shall do well to proceed further in CP No.1021 of 2021 in accordance with law and try to conclude the said proceeding at the earliest, preferably within a period of six months from the date of conclusion of evidence of PW No.1.

9. Urgent certified copy of this order be granted on proper application as per rules.

10. In addition to the certified copy, the parties are permitted to utilize digitally signed copy of this order, available on the website of this Court, for the purpose of communicating the same to the Court below.

(S.K. Mishra) Judge Mona

Location: High Court of Orissa