p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK MATA No. 177 OF 2023 Rajani Patra …. Appellant Mr. Bishnu Brata Singh, Advocate -versus- Ashok Kumar Patra …. Respondent Mr. Basudev Mishra, Advocate CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 19.05.2026 9. 1. This matter is taken up through hybrid mode. 2. Perused the Mediation Report dated 6th November, 2025 (Flag-M), wherein learned Mediator has indicated that the mediation was unsuccessful. 3. As requested by learned counsel for the parties, the appeal is taken up for final disposal. 4. The Appellant, being the wife of the Respondent, has filed this appeal under Section 19 of the Family Courts Act, 1984 assailing the ex parte judgment dated 6th July, 2022 (Annexure-1) passed by learned Judge, Family Court, Nabarangpur in C.P. No.09 of 2022 filed by the Respondent-Husband under Section 9 of the Hindu Marriage Act, 1955 (for brevity ‘the Act’). 4.1. The Appellant also assails the judgment dated 12th April, 2023 (Annexure-3) passed by learned Judge, Family Court, Nabarangpur in C.M.A. No.02 of 2022, whereby the petition filed Digitally Signed Signed by: MADHUSMITA SAHOO Designation: SENIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-May-2026 16:31:06 Signature Not Verified p. 2 by the Appellant under Order IX Rule 13 read with Section 151 CPC for setting aside the ex parte decree was dismissed. 5. At the outset, Mr. Mishra, learned counsel for the Respondent, submits that the Appellant was not given an opportunity of hearing in the civil proceeding before learned Judge, Family Court, Nabarangpur. He further submits that in the meantime, the Respondent has filed a Civil Proceeding, i.e., C.P. No.50 of 2024 under Section 13(1) of the Act for dissolution of marriage by a decree of divorce, which is pending before learned Judge, Family Court, Jeypore in the district of Koraput. He, therefore, submits that the impugned judgment under Annexure-1 be set aside and C.P. No.9 of 2022 be heard giving opportunity of hearing to the parties concerned. 6. Mr. Singh, learned counsel for the Appellant submits that the impugned judgment under Annexure-1 was passed without providing opportunity of hearing to the Appellant, as she was prevented by sufficient cause from participating in the proceeding filed under Section 9 of the Act. Further, learned Judge, Family Court, Nabarangpur most illegally rejected the petition filed by the Appellant under Order IX Rule 13 read with Section 151 CPC to set aside the ex parte decree. He, therefore, submits that the impugned judgments under Annexures-1 and 3 be set aside and C.P. No.09 of 2022 filed under Section 9 of the Act along with C.M.A. No.02 of 2022 filed under Order IX Rule 13 read with Section 151 CPC, be heard on merit giving opportunity of hearing to the parties concerned. Digitally Signed Signed by: MADHUSMITA SAHOO Designation: SENIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-May-2026 16:31:06 Signature Not Verified p. 3 7. In view of the prayer made by learned counsel for the Appellant and the concession made by the Respondent through his counsel, this Court without delving into the merits of the judgments under Annexures-1 and 3, sets aside the ex parte judgment and decree dated 6th July, 2022 (Annexure-1) passed in C.P. No.09 of 2022 filed under Section 9 of the Act as well as the judgment dated 12th April, 2023 (Annexure-3) passed in C.M.A. No.02 of 2022 and remits the matter to learned Judge, Family Court, Nabarangpur for fresh adjudication of C.P. No.09 of 2022, providing opportunity of hearing to the parties concerned. 8. In order to avoid further delay, the parties are directed to appear before learned Judge, Family Court, Nabarangpur on 24th June, 2026 along with a certified copy of this order to receive further instructions in the matter. 9. With the aforesaid observations and directions, the MATA stands disposed of accordingly. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge (S.K. Mishra) ms Judge Designation: SENIOR STENOGRAPHER