WP(C)/28790/2026 of RAHUL ROUTRAY Vs TAPASWINI GUMANSINGH on 9 September 2026

ORDER

09.09.2026

01. This matter is taken up through hybrid mode.

2. The present writ petition has been preferred by the Petitioner-husband, who is also the Petitioner in C.P. No.756 of 2024, preferred by him under Section 27 of the Special Marriage Act, 1954 for dissolution of marriage, which is now pending before the Court of learned Judge, Family Court-II, Bhubaneswar.

3. An innocuous prayer has been made in the writ petition seeking a direction to the learned Judge, Family Court-II, Bhubaneswar for early disposal of C.P. No.756 of 2024.

4. After hearing learned Counsel for the Petitioner and going through the certified copy of the order sheets in C.P. No.756 of 2024, as at Annexure-4 series, in order to avoid further delay, this Court is of the view that the writ petition can be disposed of at the stage of admission without noticing to the Opposite Party-wife. Accordingly, the same is taken up for hearing and disposal.

5. Heard Mr. Mishra, learned Counsel for the Petitioner, who, drawing attention of this Court to the order sheet, as at Annexure-4 series submits, though the proceeding was initiated under Section 27 of the Special Marriage Act, 1954 on 24.07.2024, because of the conduct of the Opposite Party-wife, who is the Respondent in C.P. No.756 of 2024, the same is still pending for disposal. Intentionally the Opposite Party-wife is dragging the said litigation, even though the same is ready for hearing.

6. Mr. Mishra, learned Counsel for the Petitioner- husband further submits, though the Opposite Party-wife was precluded to file the written statement, but subsequently the same being allowed by the learned Court below, the Petitioner-husband had to file fresh affidavit evidence on 25.06.2026. Thereafter, the Opposite Party- wife again filed an application under Order 6 Rule 17 CPC for amendment of the written statement. The learned Court below rejected the said application on 17.08.2026 and the matter was posted to 02.09.2026 for hearing.

7. Mr. Mishra, learned Counsel for the Petitioner further submits, as per the recent instruction received from the local Counsel, on 02.09.2026, an application was again filed by the Opposite Party-wife to recall the said order and allow the prayer for amendment of the written statement. To avoid delay, the learned Court below allowed the said subsequent petition for amendment of the written statement by imposing a cost of Rs.500/-. Now the C.P. No.756 of 2024 stands posted to 29th September, 2026 for further evidence from the side of the Petitioner-husband, who has already filed his affidavit evidence as P.W.1. Hence, under such compelling circumstances, the Petitioner had to prefer the present writ petition to target the disposal of C.P. No.756 of 2024.

8. After hearing learned Counsel for the Petitioner, recording his submission so also going through the order- sheet in C.P. No.756 of 2024, this Court is of the view that the prayer made in the writ petition needs consideration.

9. Accordingly, the learned Judge, Family Court-II, Bhubaneswar is directed to proceed further in C.P. No.756 of 2024 in accordance with law, and try to conclude the same at the earliest, preferably by end of January, 2026, provided there is no legal impediments.

10. Both the parties are further directed not seek for unnecessary adjournments and cooperate with the learned Judge, Family Court-II, Bhubaneswar for early disposal of C.P. No.756 of 2024, as directed above.

11. To expedite the trail in C.P. No.756 of 2024, both the parties are permitted to pray before the learned Court below to allow them to appear through virtual mode, if so required.

12. Accordingly, the learned Judge, Family Court-II, Bhubaneswar is requested to explore the facilities of Video Conferencing available in the said Court and permit the parties to appear before him through virtual mode following due procedure, as prescribed under the Orissa High Court Video Conferencing for Courts Rules, 2020, if so prayed by any of the parties. However, on the dates of effective hearing, i.e., for examination and cross-examination of witnesses and other purposes, for which their presence may be required by the Court and if it is so ordered, the parties shall remain physically present before the Court of Judge, Family Court-II, Bhubaneswar.

13. With the said observation and direction, the writ petition stands disposed of.

Urgent certified copy of this order be granted on proper application.

Kanhu

(S.K. Mishra) Judge

Digitally Signed Signed by: KANHU BEHERA Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 10-Sep-2026 19:56:27 Signature Not Verified