WP(C)/17747/2026 of MANASI LENKA Vs SANJAYA KUMAR LENKA on 24 June 2026

ORDER

24.06.2026 (Hybrid Mode)

01.

1. The matter is listed for ‘Fresh Admission’ earlier having been moved before the coordinate vacation Bench. The coordinate vacation Bench considering the submissions of the learned counsel for the petitioner and the opposite party by order dated 19.06.2026 has directed the matter to be listed before the assigned Bench and accordingly the matter is listed today.

2. Having heard learned counsel for the petitioner extensively as well as the learned counsel for the opposite party at some length, the petition is finally disposed of considering the fact that keeping the matter pending before this Court would not be in the interest of both the parties to the litigation.

3. The petitioner in the present writ application filed under Articles 226 and 227 of the Constitution of India challenges the order dated 03.01.2026 (as mentioned in the prayer of the petition) made by the learned Judge, Family Court, Bhubaneswar in C.P. No.23 of 2019. By the said order dated 03.01.2026, the petition filed by the present petitioner dated 20.11.2025 who is the opposite party in the C.P. before the learned Judge, Family Court, purportedly under Order XVI Rule 6 seeking documents to be produced has been rejected.

4. Copy of the petition filed before the learned Judge, Family Court has been annexed to the writ application marked as Annexure-3. The prayer made in the petition as well as the schedule is reproduced herein: “PRAYER

It is therefore prayed that your honour would be graciously pleased to allow this petition and direction be given to produce the document as per the Schedule below of this Petition by fixing a Particular date, on the fact and circumstances of the case.

And for which act of kindness, the Opp. Party as in duty bound shall ever pray.” SCHEDULE-A

Any letter filed by Manasi Lenka, W/o- Sanjaya Kumar Lenka against her husband Sanjaya Kumar Lenka, S/o- Prananath Lenka, who is working as “A.S.I. of Police, At – Ainthapalli P.S. and Burla P.S. from the Office of the Superintendent of Police, Sambalpur and Office of the S.D.P.O., Burla.”

5. The learned Judge, Family Court has considered the submissions of the present petitioner-opposite party as well as the petitioner-present opposite party and has passed the order dated 03.01.2026. The relevant portion of the order is reproduced herein:

“xxx xxx The petitioner filed the case on the ground of cruelty which he needs to prove. The respondent defended her case denying all the allegations. The petitioner is the master of his own case for which he needs to adduce evidence and failing which his case will be dismissed. The case record is lingering since 07.01.2019. Hence, considering the present facts and circumstances, I do not think it is necessary to call for such documents. However, such plea will be considered after conclusion of evidence from both the sides. Put up on 28.01.2026 for further cross- examination of P.W.1.”

6. As the petitioner relies on Order XVI Rule 6 of the Code of Civil Procedure the relevant provision is reproduced herein for convenience of reference:

“Order XVI

SUMMONING AND ATTENDANCE OF WITNESSES

1. List of witnesses and summons to witnesses.—(1) On or before such date as the Court may appoint, and not later than fifteen days after the date on which the issues are settled, the parties shall present in Court a list of witnesses whom they propose to call either to give evidence or to produce documents and obtain summonses to such persons for their attendance in Court.

(2) A party desirous of obtaining any summons for the attendance of any person shall file in Court an application stating therein the purpose for which the witness is proposed to be summoned.

(3) The Court may, for reasons to be recorded, permit a party to call, whether by summoning through Court or otherwise, any witness, other than those whose names appear in the list referred to in sub-rule (1), if such party shows sufficient cause for the omission to mention the name of such witness in the said list.

(4) Subject to the provisions of sub-rule (2), summonses referred to in this rule may be obtained by the parties on an application to the Court or to such officer as may be appointed by the [Court in this behalf within five days of presenting the list of witnesses under sub-rule (1).

xxx

xxx

xxx xxx

6. Summons to produce document.- Any person may be summoned to produce a document, without being summoned to give evidence; and any person summoned merely to produce a document shall be deemed to have complied with the summons if he causes such document to be produced instead of attending personally to produce the same.

7. Power to require persons present in Court to give evidence or produce document.—Any person present in Court may be required by the Court to give evidence or to produce any document then and there in his possession or power.

7. On being asked, the learned counsel for the petitioner submits that he has no instruction with regard to the list of witnesses and documents that was filed at the appropriate stage in accordance with Order XVI Rule-1 before the learned Family Court.

8. The learned counsel for the petitioner as well as learned counsel for the opposite party were also asked if any statement has been made or any reference has been made to the documents as sought for mentioned in the Schedule of the application of petitioner dated

20.11.2025. In response both the learned counsel submit that as per their instruction, the ‘document’ as indicated in the schedule of the petition dated 20.11.2025 has not been referred to either by the petitioner before the learned Family Court or the opposite party before the learned Family Court.

9. The learned counsel for the opposite party produces copy of the order dated 22.05.2026 passed by this Bench in W.P.(C) No.15453 of 2026. He submits that earlier another writ application was filed which has been disposed of by this Court with the following observations: “3. As observed by order dated 21.05.2026, the present petitioner-respondent before the learned Judge, Family Court should be given a chance for which she shall appear on 25.06.2026. On the said date, the learned court shall proceed with the evidence on behalf of the respondent. The respondent-petitioner herein is directed to keep her witness ready to depose.

4. Regarding further examination of witnesses/ recall etc. this Court expresses no opinion. The learned Family Court shall proceed in the matter in accordance with law.

5. The parties are directed to cooperate in expeditious disposal of the proceeding as the learned counsel Mr. Pattnaik for the opposite party expresses concerned that the matter is kept pending and the petitioner herein-respondent having not completed her evidence for the last two years has been given a reprieve by this Court by allowing her to complete her evidence.”

Copy of the order dated 22.05.2026 is kept in the present writ application.

10. Having perused the application filed by the present petitioner, who is the opposite party in the C.P. as reproduced above, particularly the schedule indicating the documents sought for, this Court finds that the reasoning given by the learned Judge, Family Court denying the prayer is just and proper.

This Court does not find any illegality or infirmity in the order dated 03.01.2026.

The writ application being devoid of any merit is dismissed.

11. In view of the above discussions apart from disposing of the writ application, it is directed that the learned Judge, Family Court shall proceed in adjudicating the matter expeditiously in accordance with law as has already been directed by earlier order dated 22.05.2026 passed by this Bench in W.P.(C) No.15453 of 2026. Both the parties are directed to co- operate in expeditious disposal.

(Mruganka Sekhar Sahoo) Judge Radha Digitally Signed Signed by: RADHARANI JENA Reason: Authentication Location: OHC Date: 24-Jun-2026 19:02:55 Signature Not Verified