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High Court of Orissa · body

2023 DAILYLAW 240 (ORI)

TARANI MISHRA v. MONALI TRIPATHY

WP(C)/30920/2023 · 2026-01-12

M S Sahoo

Writ Petition (Civil)body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.30920 of 2023 Tarani Mishra …. Petitioner Mr. S. Mohanty, Advocate -versus- Monali Tripathy …. Opp. Party None CORAM: JUSTICE MRUGANKA SEKHAR SAHOO Order No. ORDER 12.01.2026 (Hybrid Mode) 06. 1. Heard learned counsel for the petitioner. He refers to the office note put up by the Registry which indicates the following: “Notices issued to opposite party returned unserved with postal endorsements (i) Left so returned to sender. And (ii) No such person so returned to sender.” 2. It is submitted that the notices were taken in the address as given in C.P. No.889 of 2017 recorded in cause title as well as the address statement filed by the opposite party herself. It is further submitted that the petitioner- husband who is also the petitioner before the learned Judge, Family Court-II, Bhubaneswar in the C.P. No.889 of 2017 in due reference to the order passed by the family Court is paying Rs.20,000/- towards pendente lite maintenance under section 24 of the Hindu Marriage Act. p. 2 It is further submitted that an amount of Rs.14,00,000/- (Rupees fourteen lakhs) has already been paid as per the details given at page 10 of the petition in the form of calculation sheet. 3. It is submitted that the matter is at the final stage of evidence and the cross-examination of the parties is to happen. It is submitted in the interest of justice and fair play, the C.P. should be concluded expeditiously as possible. 4. Having heard learned counsel for the petitioner and in the facts and circumstances of the case, considering the fact that the petitioner has to pay Rs.20,000/- which according to the learned counsel, Mr. Mohanty, petitioner is able to satisfy with much difficulty as he is ailing since last about one year it is directed that the learned Judge, Family Court shall do well to expedite the matter and make an endeavour to conclude the proceeding depending on the number of matters on the board of the learned Family Court. 5. The parties to the C.P. are directed to cooperate in the early disposal of the matter and shall not seek any unnecessary adjournments before the learned trial court. 6. Copy of this order shall be forwarded to the learned Judge, Family Court-II, Bhubaneswar by the Registry of this Court. 7. The writ petition is disposed of with the directions as indicated above. (Mruganka Sekhar Sahoo) Judge Jyostna