p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK MATA No.198 of 2024 Hara Prasad Padhy …. Appellant Represented By Adv.- None -versus- Kalpana Padhy …. Respondent Represented By Adv.- Mr. S.B. Jena, Advocate CORAM: THE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK AND THE HON’BLE MR. JUSTICE SIBO SANKAR MISHRA Order No. ORDER 06.02.2026 (Hybrid mode) 05. 1. When the matter was taken up in the first hour, none appears on behalf of the appellant-husband. 2. Learned counsel for the appellant-husband remains absent even on the second call, when the matter was called in the second half. 3. Heard learned counsel for the respondent-wife. 4. The appellant Hara Prasad Padhy as the petitioner filed Civil Proceeding No.165/2018 under Section-13(1) (i-b) of the Hindu Marriage Act, 1955 before the Family Court at Berhampur in the district of Ganjam for dissolution of his marriage with the respondent Kalpana Padhy that was p. 2 solemnized on 22nd February, 2004. 5. After hearing the parties and considering the materials adduced before it by them, the learned Judge, Family Court, Berhampur, Ganjam by the impugned judgment dated 25.11.2023 dismissed the said Civil Proceeding No.165/2018 of the appellant/petitioner-husband on contest against the respondent-wife. 6. Aggrieved by the said judgment dated 25.11.2023, the appellant preferred this appeal under Section 19(1) of the Family Court Act read with Section 28 of the Hindu Marriage Act, 1955. 7. By filing a memo on 28th January, 2026, which is at flag ‘C’, learned counsel Mr. S.B. Jena appearing for the respondent-wife placed before the Court that the appellant Hara Prasad Padhy, the husband of the respondent, expired on 3rd December, 2025 at M.K.C.G. Medical College and Hospital, Berhampur, Ganjam, Odisha during pendency of this appeal. To that extent, the respondent also placed a copy of death certificate of said Hara Prasad Padhy issued under Registration No.6900/2025 dated 18th December, 2025, UDRN No.21UD388-0005-006900-2025 issued on 19th December, 2025 by the Government of Odisha, Department of Health and Family Welfare, Berhampur Municipal Corporation under the signature of Registrar, Births and Deaths -cum- Health Officer, Berhampur Municipal Corporation. 8. On 28th January, 2026, learned counsel for the appellant p. 3 Mr. Arabinda Tripathy prayed for an adjournment to obtain instruction in the matter pertaining to death of his client i.e. said Hara Prasad Padhy, the appellant-husband, and on the prayer of said learned counsel, the present appeal was fixed today. 9. Today, as the learned counsels for the appellant did not appear in spite of repeated calls though their names reflected in the cause list and since they did not object to the said death certificate dated 18th December, 2025 issued on 19th December, 2025 of the appellant Hara Prasad Padhy, the same is accepted. 10. As the appellant expired during pendency of this appeal, the matter stands disposed of. (Manash Ranjan Pathak) Judge (Sibo Sankar Mishra) Judge Rabindra/Ranjeeta Designation: Personal Assistant