High CourtsSingle Bench

Sai Prasad Majhi vs Kalpana Pramanik RESPONDENT

Orissa High Court · Decided on 8 December 2021 · Citation: (2021) 12 OHC CK 0050

HON’BLE JUDGES
Arindam Sinha, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 125
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 33174 Of 2021
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Judgment

5 paragraphs · 204 words

Arindam Sinha, J

1.

Mr. Bose, learned advocate appears on behalf of petitioner. He submits, his client is husband, who has filed for divorce and subject to order obtained by opposite party wife under section 125, Code of Criminal Procedure. He draws attention to order sheet of the Court below, annexed. He demonstrates that on 9th October, 2020 his client had filed evidence of affidavit but has not been called to the box to prove the same and thereafter offer himself for cross-examination. The order sheet shows that petitioner took steps but citing Covid and resolutions of the Bar, opposite party wife continued to go unrepresented before the Court.

2.On appreciation of the procedure followed in the case by the Court below, there is no necessity of direction for issuance of notice. The Family Court, Balasore is directed to expeditiously deal with C.P. no.188 of 2017. Said Court will only grant adjournment to opposite party wife upon obtaining satisfaction of necessity thereto. It is expected that said Court will conclude the trial and dispose of the case as expeditiously as possible and by four months from date since the case was presented a long time ago.

3.

The writ petition is disposed of.

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