High CourtsSingle Bench

Elina Choudhury vs Anjan Patel

Orissa High Court · Decided on 25 April 2024 · Citation: (2024) 04 OHC CK 0252

HON’BLE JUDGES
K.R. Mohapatra, J
ACTS & SECTIONS REFERRED
Hindu Marriage Act, 1955 — Section 13(1)
RESULT
Disposed Of
CASE NUMBER
CMP No.293 Of 2024
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Judgment

8 paragraphs · 224 words

K.R. Mohapatra, J

1.This matter is taken up through hybrid mode.

2.

This CMP has been filed for a direction to learned Civil Judge (Senior Division), Sundargarh to dispose of MAT Case No.36 of 2021 at an early date.

3.

It is submitted by Mr. Mohapatra, learned counsel for the Petitioner that MAT Case No.36 of 2021 has been filed under Section 13 (1) of the Hindu Marriage Act, 1955. Due to non-corporation of the Opposite Party-Husband, the matter could not proceed, for which the Petitioner is suffering a lot and highly prejudiced. It is prayed that a direction be issued for early disposal of the MAT Case.

4.

Taking into consideration the submission made by learned counsel for the Petitioner and on perusal of the order sheet at Annexure-4, this Court finds that the MAT Case is not ready for hearing. Up-to-date order sheet has also not been filed, for which this Court is not in a position to ascertain the status of the proceeding. Hence, it will not be proper to direct for early disposal of the MAT Case.

5.

It is, however, observed that the Petitioner is at liberty to file an application before learned Civil Judge, (Senior Division), Sundargarh for early disposal of the MAT Case when it becomes ready for hearing.

6.

The CMP is accordingly disposed of.

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