p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 22451 of 2025 Sunakar Jena …. Petitioner Mr. S. Dash, Advocate -versus- Basanti Swain …. Opp. Party CORAM: JUSTICE MRUGANKA SEKHAR SAHOO Order No. ORDER 22.01.2026 Hybrid Mode 04. 1. Heard learned counsel for the petitioner. 2. Notice issued by the coordinate Bench vide order dated 18.08.2025 has been returned unserved. 3. In the writ petition the petitioner-husband challenges the order passed by the learned Judge, Family Court, Bhubaneswar dated 20.12.2023 in C.P. No. 658 of 2011. By the said order the learned Judge, Family Court observed thus : “Both parties are absent. No steps taken either. On perusal of the case record, it is seen that the case has been lingering since long for evidence, of the petitioner. Today, neither the petitioner is present nor any step taken on behalf of him. Inspite of ample opportunities given to him, he is unable to adduce his evidence.Today, he also failed to do so. Further, it seems that petitioner is not interested to proceed further with this anymore. Thus, the further proceeding of this case need not be required and hence, the case is dismissed for default.” 4. In considered opinion of this Court petitioner has a remedy available under Order IX Rule 9 CPC before the learned Judge, Family Court. Accordingly it is observed that if the petitioner p. 2 moves the court within a period of four weeks seeking appropriate remedy under the provisions of law as would be applicable, the learned court shall deal with the same in accordance with law after giving due opportunity to all the parties. 5. Accordingly the petition stands disposed of. Period of pendency of application before this Court shall be excluded for calculation of period of delay if any, if petition is filed within four weeks as directed. (Mruganka Sekhar Sahoo) Judge dutta