IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 153 of 2026 Dibakar Sahoo …. Petitioner Mr. A. Bhoi, Advocate -versus- Pratima Sahoo & another …. Opp. Parties CORAM: THE HON’BLE MR. JUSTICE CHITTARANJAN DASH Order No. ORDER 13.02.2026 01. 1. Heard learned counsel for the Parties. 2. By means of this application, the Petitioner seeks the following prayer:- “It is therefore humbly prayed that this Hon'ble Court may graciously be pleased to admit this application,issue notice to the opp.party, call for the lower court records and after hearing the parties, quash the order dtd.01.11.2025 passed by the Judge, Family Court, Bhubaneswar in CRP No.176 of 2023 and direct for appointment of local commissioner by allowing the application filed by petitioner-husband on 22.09.2025 as under Annexure-2 for the purpose of local inquiry and inspection mentioned herein.” 3. Learned counsel for the Petitioner, in course of the hearing in the application drew the attention of this Court assailing the impugned order passed by the court dated 01.11.2025, wherein the Petitioner presented a petition before the learned Judge Family Court, Bhubaneswar under Section 26, Rule-9 of C.P.C read with Section 151 of C.P.C. to inspect the shop room run by the Respondent- wife in the name and style of “Sai Veraity Store” over Plot No.1028, near Sadananda Bhawan, Gadasahigada, Nayapalli, Bhubaneswar. 4. The learned court having heard the parties, declined to allow the application of the Petitioner inter alia holding that in view of the express provision under Section 10 enumerated in the Family Courts Act, 1984, it is not necessary to apply the provision under Section 26, Rule-9 of C.P.C read with Section 151 of C.P.C. The provision under Section 10 of the Family Courts Act, 1984 reads as under:- “10. Procedure generally.—(1) Subject to the other provisions of this Act and the rules, the provisions of the Code of Civil Procedure, 1908 (5 of 1908) and of any other law for the time being in force shall apply to the suits and proceedings [other than the proceedings under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974)] before a Family Court and for the purposes of the said provisions of the Code, a Family Court shall be deemed to be a civil court and shall have all the powers of such court. (2) Subject to the other provisions of this Act and the rules, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) or the rules made thereunder, shall apply to the proceedings under Chapter IX of that Code before a Family Court. (3) Nothing in sub-section (1) or sub-section (2) shall prevent a Family Court from laying down its own procedure with a view to arrive at a settlement in respect of the subject-matter of the suit or proceedings or at the truth of the facts alleged by the one party and denied by the other.” 5. Learned counsel for the Petitioner, drew the attention of this Court to Section 10 (3), wherein it reads as under:- “…(3) Nothing in sub-section (1) or sub-section (2) shall prevent a Family Court from laying down its own procedure with a view to arrive at a settlement in respect of the subject-matter of the suit or proceedings or at the truth of the facts alleged by the one party and denied by the other.” 6. Keeping in view the aforesaid provisions, and considering that the learned Family Court is expressly empowered to evolve and adopt its own procedure with a view to arriving at a settlement in respect of the subject matter of the proceeding, it is expected that the court shall take appropriate steps to ascertain the truth of the allegations between the parties. The very provision resorted to at the behest of the Petitioner need not be applied when the court finds that the material before it, is sufficient to elicit the truth asserted and denied by the parties in their respective cases. 7. In light of the aforesaid position of law and the submission made by the learned counsel for the Petitioner, there appears no apparent illegality in the order impugned. Hence, the petition stands dismissed being devoid of merit. Petitioner may pursue the matter before the court concerned for early disposal of the case in accordance with law. 8. Accordingly, the CRLMP stands disposed of. (Chittaranjan Dash) Judge Sarbani Designation: Junior Stenographer