Orissa High Court
TRP(C)/152/2025 of SUPRIYA PRIYADARSHINI BEHERA Vs ABHISHEK CHHOTARAY on 22 May 2026
of 4 IN THE HIGH COURT OF ORISSA AT CUTTACK TRP(C) No.152 of 2025 Smt. Supriya Priyadarshini Behera …. Petitioner Mr. P.K. Mohanty, Advocate -versus- Abhishek Chhotray …. Opp. Party Mr. S.K. Sarangi, Sr. Advocate along with Mr. S. Sarangi, Advocate CORAM: HON’BLE MR. JUSTICE
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP(C) No.152 of 2025
Smt. Supriya Priyadarshini
Behera
….
Petitioner
Mr. P.K. Mohanty, Advocate
-versus-
Abhishek Chhotray
….
Opp. Party
Mr. S.K. Sarangi, Sr. Advocate
along with
Mr. S. Sarangi, Advocate
CORAM:
HON’BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO
Order No.
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ORDER
22.05.2026 (Hybrid Mode)
06.
1. The efforts of the learned counsel for the parties has yielded result. Mediation pursuant to the order of this Court dated 14.08.2026 has ended in parties agreeing to amicable settlement acceptable to both.
The report of the mediation is reproduced herein:
1. That, the parties have agreed to jointly file the petition for mutual divorce before the learned Family Court, Bhubaneswar.
2. That, the opposite party shall pay a sum of Rs.30,00,000/-(Rupees Thirty Lakhs) Only towards permanent alimony to the petitioner in three (3) equal instalements in a gap of 2 months each.
3. First instalment shall be paid on the date of filing of the petition for mutual divorce. The second instalment shall be paid on the final date of conciliation and the third on the da the of pronouncement of judgement/decree.
4. That the opposite party shall return the furniture and clothing of the petitioner left behind at the residence of the opposite party.
5. The petitioner shall make her own arrangements and bear costs for transport the clothing and the furniture (bed, mattress and dressing table) at the residence of the opposite party.
6. That the parties have no claim against each other over possession of gold ornaments.
7. The parties shall bear their own costs with regard to the petition for mutual divorce.
8. That both the parties have decided to withdraw their respective cases which are intimated at each other's instance.
9. That the parties shall have no further claim against each other and undertake not to initiate any case of civil or criminal nature against each other in the future related to matrimonial dispute.
10. Both the parties undertake to abide the terms and conditions as aforesaid. In the above circumstances the mediation became "Successful."
2. The Opposite Party-husband in the marriage has filed C.P. No.50 of 2025 before the learned Judge, Family Court, Bhubaneswar under Section 27 of the Special Marriage Act, 1954 seeking divorce.
The Petitioner before this Court is the wife in the marriage and she is the respondent before the learned Family Court in C.P. No.50 of 2025. She has prayed for transfer of the C.P. from the learned Judge, Family Court, Bhubaneswar to learned Judge, Family Court, Keonjhar.
3. It is a matter of satisfaction that the parties have agreed for settlement.
4. In considered view of this Court since the parties have agreed to appear before this Court at Cuttack as well as the medication centre at Cuttack. In the interest of justice the application under Section 13-B of the Hindu Marriage Act/Section 28 of the Special Marriage Act, 1954 shall be filed jointly before the learned Judge, Family Court, Cuttack seeking divorce on mutual consent.
5. The C.P. No.50 of 2025 shall be transferred from the court of learned Judge, Family Court, Bhubaneswar to the court of learned Judge, Family Court, Cuttack. The learned Judge, Family Court, Cuttack upon transfer shall deal with the application that would be filed under Section 13-B of the Hindu Marriage Act/ Section 28 of the Special Marriage Act, 1954.
6. Till disposal of the said C.P. to be filed seeking by mutual consent the other application, i.e., C.P. No.50 of 2025 shall not be dealt with and would not survive after grant of decree of divorce by mutual consent.
7. It is further directed that the learned Judge, Family Court, Cuttack shall not detain itself for the prescribed period to proceed with the application under Section 13-B of the Hindu Marriage Act as prescribed under Section 13-B(2) of the Hindu
Amit Marriage Act in view of the judgment of the Hon’ble Apex Court in Amardeep Singh vrs. Harveen Kaur: AIR 2017 SC 4417 : (2017) 8 SCC 746, similarly the learned Judge, Family Court will not detain itself to proceed with the application filed under Section 28 of the Special Marriage Act, 1954 if that would be filed as mandated in Section 28(2).
8. The parties shall appear before the learned Judge, Family Court, Cuttack on 24.06.2026 and present the application seeking divorce by mutual consent.
9. The Registry of this Court shall forward copy of this order to the learned Judge, Family Court, Bhubaneswar as well as the leaned Judge, Family Court, Cuttack to do the needful.
10. The Transfer Petition is disposed of with the above observations. All the interim orders stand vacated.
11. Before parting with the case, this Court puts on record it’s appreciations of counsel for the parties for making it possible for the parties to arrive at a mediated settlement acceptable to both.
(Mruganka Sekhar Sahoo)
Judge
Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-May-2026 18:12:14 Signature Not Verified