p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK MATA No.222 of 2024 Kabita Sahu …. Appellant Mr. S.K.Mishra, Sr.Advocate -versus- Nabeen Kumar Sahoo …. Respondent Mr. A.P.Bose, Advocate CORAM: JUSTICE B. P. ROUTRAY JUSTICE CHITTARANJAN DASH ORDER Order No. 19.03.2025 I.A. No.220 of 2024 04. 1. The matter is taken up through hybrid mode. 2. Heard Mr. Mishra, learned Senior Counsel for the Appellant and Mr. Bose, learned counsel for the Respondent. 3. Upon hearing both parties and considering the submissions led by the Appellant and the objection put forth on behalf of the Respondent, and taking note of the fact that the decree was passed Ex-parte against the wife who came to know about the same only in the maintenance proceeding, we are inclined to condone the delay. 4. Accordingly, the delay in filing the appeal is condoned. 5. The I.A. is disposed of. MATA No.222 of 2024 6. Though the matter is listed for orders, but the same is taken up for final disposal on the request of both parties. Digitally Signed Signed by: SANGRAM DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Mar-2025 16:40:18 Signature Not Verified p. 2 7. Present appeal by the Wife-Appellant is directed against judgment dated 20th April 2022 passed in Civil Proceeding No. 588 of 2019 of the learned Judge, Family Court, Balasore, wherein the ex-parte decree of divorce at the behest of the husband has been granted. 8. Upon hearing both parties, we found that admittedly the wife did not appear in the proceeding and the judgment was passed without her participation in the proceeding. It is explained on behalf of the wife that her address mentioned in the civil proceeding was incorrect as she was residing in her parents’ house at Betnoti, which is disputed by the husband. 9. Taking note of aforesaid facts and submissions of the parties, we feel it appropriate to remand the matter back to the learned Judge, Family Court for fresh adjudication since the wife was not granted opportunity of hearing before Family Court. Accordingly, we set aside the impugned judgment and remanded back the matter i.e. C.P. No. 588 of 2019 to the file of learned Judge, Family Court, Balasore for fresh adjudication after granting due opportunity of hearing to both the parties. 10. The parties present before us are directed to appear before the Judge, Family Court, Balasore on 15th April 2025 and the Judge, Family Court shall take up the proceeding from the stage of filing of written statement and shall dispose of the proceeding within a period of six months from said date. The parties are directed to cooperate for early disposal of the appeal. Digitally Signed Signed by: SANGRAM DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Mar-2025 16:40:18 Signature Not Verified p. 3 11. With the aforesaid observations and directions, the appeal is disposed of. (B.P. Routray) Judge (Chittaranjan Dash) Judge S.Das Designation: Sr. Stenographer