Bhabani Sankar Dash vs Prabasini Rath

K.R. Mohapatra, J

This matter is taken up through hybrid mode.

The Petitioner in this writ petition prays for a direction to learned Judge, Family Court, Nayagarh for disposal of C.P. No.174 of 2022 at an early date.

It is submitted by Mr. Mishra, learned counsel that the Petitioner has filed C.P. No.174 of 2022 under Section 13(1) of the Hindu Marriage Act, 1955, which is pending for adjudication. Maintenance pendente lite has also been granted in favour of the Opposite Party. In order to harass the Petitioner, the Opposite Party-Wife is taking adjournment in the matter on some ground or other and the same is being allowed liberally. It is submitted by learned counsel for the Petitioner that the matter is now posted for evidence of the Opposite Party-Wife. But, by filing different applications, she is managing to adjourn the civil proceeding and is avoiding to adduce evidence in the matter. In view of the above, the Petitioner is highly prejudiced. Hence, finding no other alternative, this writ petition has been filed for the aforesaid relief.

Considering the submission made by learned counsel for the Petitioner and on perusal of the record, it appears that the civil proceeding is posted for evidence of the Opposite Party. It also appears that the civil proceeding was being adjourned on certain occasions on the prayer of the Opposite Party-Respondent. In view of the above, this Court is of the considered opinion that the Opposite Party-Respondent should not be granted adjournment liberally.

Accordingly, the writ petition is disposed of with a direction that learned Judge, Family Court, Nayagarh shall not adjourn the matter unnecessarily/liberally on the prayer of any of the parties. Parties are also directed to cooperate with learned Judge, Family Court, Nayagarh for early disposal of C.P. No.174 of 2022, if there is no legal impediment.

Urgent certified copy of this order be granted on proper application.

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