Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 37809 (ORI)

PRAMILA PRADHAN@BARIK@CHUMKI BARIK v. PRABODH KUMAR BARIK

MATA/194/2024 · 2025-03-20

B P Routray, Chittaranjan Dash

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK MATA No.194 of 2024 Pramila Pradhan@Barik@Chumki Barik …. Appellant Mr. S.K. Das, Advocate -versus- Praboth Kumar Barik …. Respondent Mr. P.R. Behera, Advocate CORAM: JUSTICE B. P. ROUTRAY JUSTICE CHITTARANJAN DASH ORDER 20.03.2025 Order No. 02. 1. Heard Mr. S.K. Das, learned counsel for the Appellant-Wife and Mr. P.R. Behera, learned counsel for the Respondent- Husband. 2. Present appeal is directed against the ex-parte order dated 14.09.2017 passed by the learned Judge, Family Court, Cuttack in Civil Proceeding No.258 of 2014, wherein ex-parte decree of divorce has been granted in favour of the Husband. 3. Admittedly, the Wife did not enter to contest the civil proceeding before the learned Judge, Family Court and she was set ex-parte. This is reflected in the impugned order dated 14.09.2017. 4. It is now submitted on behalf of the Wife-Appellant that, she may be granted one opportunity of hearing to contest the case. Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Mar-2025 16:08:34 Signature Not Verified 5. Considering the fact that this is a matrimonial dispute and the decree of divorce has been passed against the Wife without contest, we feel it appropriate to grant one more opportunity to the Wife to present her case before the learned Family Court. Accordingly, the impugned order dated 14.09.2017 is set aside. 6. The matter is remanded back to learned Judge, Family Court, Cuttack in Civil Proceeding No.258 of 2014 and learned Family Judge is directed to proceed with the matter from the stage of filing of written statement. Parties present before this Court are directed to appear before learned Judge, Family Court, Cuttack on 15th April 2025 who is directed to dispose of the proceeding in accordance with law within a period of six months from said date. Parties are directed to cooperate for early disposal of the proceeding before learned Family Judge. 7. With the aforesaid direction and observations, the appeal is disposed of. (B.P. Routray) Judge (Chittaranjan Dash) Judge B.K. Barik Designation: Secretary