Yasobanta Patra vs Ananya Jena

S.K. Mishra, J.

The present writ petition has been preferred by the Petitioner-husband, who is also Petitioner in C.P. No.247 of 2023 preferred by him under section 13(1) of the Hindu Marriage Act, 1955 for divorce. An innocuous prayer has been made by the Petitioner to direct the learned Judge, Family Court, Kendrapara for early disposal of C.P. No.247 of 2023.

After hearing learned Counsel for the Petitioner and going through the order sheet in C.P. No.247 of 2023, which is at Annexure-2 series of the writ petition, this Court is of the view that the matter needs consideration and to avoid further delay, it should be disposed of at the stage of admission without noticing the Opposite Party-Wife. Hence, the matter is taken up for hearing and disposal at the stage of admission.

Heard learned Counsel for the Petitioner.

Learned Counsel for the Petitioner, drawing attention of this Court to the order sheet in C.P. No.247 of 2023 submits, the said proceeding was initiated by the Petitioner on 01.11.2023. After failure of the conciliation on 22.10.2024, thereafter the trial commenced. Though the evidence from the side of the Petitioner-Husband has been concluded since 08.12.2025, the Opposite Party-Wife is taking time repeatedly to adduce her evidence. The Petitioner is at present serving as an Auditor at District Audit Office, Nuapada, which is around 550 K.M. away from Kendrapara. He is being harassed for the conduct of the Opposite Party-Wife, who is intentionally dragging the proceeding in C.P. No.247 of 2023, by seeking repeated adjournments.

In the circumstances, after taking note of the pleadings and documents on record, so also the order sheet in C.P. No.247 of 2023, the writ petition stands disposed of at the stage of admission directing the learned Judge, Family Court, Kendrapara to proceed further in C.P. No.247 of 2023 in accordance with law and try to conclude the said proceeding at the earliest, preferably by end of March, 2027, provided there is no legal impediment and the statement made by the learned Counsel for the Petitioner, as recorded above, is correct.

Since it is stated that the Petitioner is at present serving as Auditor at District Audit Office, Nuapada, which is around 550 K.M. away from Kendrapara, for expediting the trial in C.P. No.247 of 2023, he is permitted to appear through virtual mode by moving appropriate application before the Court below.

Accordingly, it is made clear that both the parties will be at liberty to appear before the Court of learned Judge, Family Court, Kendrapara through virtual mode, with due permission of the concerned Court, in case they face any difficulty on any date to appear physically before the said Court.

The learned Judge, Family Court, Kendrapara is requested to explore the facility of Video Conferencing available in the said Court and allow the parties to appear through Video Conferencing mode following the guidelines prescribed under the Orissa High Court Video Conferencing for Courts Rules, 2020. However, on the dates of effective hearing, i.e., for examination and cross-examination of witnesses and other purposes, for which their presence may be required by the Court and if it is so ordered, the parties so also their witnesses, if any, shall remain physically present before the learned Judge, Family Court, Kendrapara.

Both the parties are directed not to seek for unnecessary adjournments and cooperate with the learned Judge, Family Court, Kendrapara, for early disposal of C.P. No.247 of 2023, as directed above.

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