Orissa High Court
WP(C)/18941/2019 of SUBHADARSHINI MISHRA Vs BIBHUDENDU MISHRA on 20 May 2026
of 5 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.6203 of 2025 Bibhudendu Mishra …. Petitioner Mr. S.K. Mishra, Sr. Advocate along with Mr. Rakesh Rout, Advocate -versus- Subhadarshini Mishra …. Opp. party Mr. B.K. Rath along with Mr. D.R. Mohapatra, Advocates W.P. (C) No.18941
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.6203 of 2025
Bibhudendu Mishra
….
Petitioner
Mr. S.K. Mishra, Sr. Advocate along
with Mr. Rakesh Rout, Advocate
-versus-
Subhadarshini Mishra
….
Opp. party
Mr. B.K. Rath along with
Mr. D.R. Mohapatra, Advocates
W.P. (C) No.18941 of 2019
Subhadarshini Mishra
….
Petitioner
Mr. B.K. Rath along with
Mr. D.R. Mohapatra, Advocates
-versus-
Bibhudendu Mishra
….
Opp. party
Mr. S.K. Mishra, Sr. Advocate along
with Mr. Rakesh Rout, Advocate
CORAM:
JUSTICE MRUGANKA SEKHAR SAHOO
Order No.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
20.05.2026 Hybrid Mode
05. 1. Duly executed Vakalatnama filed on behalf of the opposite party-wife is filed in Court, which shall be taken on record, scanned copy be updated.
2. W.P.(C) No.6203 of 2025 has been filed by petitioner-husband in the marriage The petitioner- husband challenges the order dated 04.11.2024 passed by the learned Judge, Family Court, Cuttack in C.P. Case No.288 of 2016. The said order is reproduced herein:
“Order Dtd. 4.11.24
Adv for both parties file hazira. The petition dt. 20.9.24 is put up for consideration. No objection is filed. On perusal of the case record it is found that the case is targeted by Hon'ble court to dispose of the case with stipulated period. Parties are filing different types of petition to linger this case in different dates, This is a case of 2016 and targeted on. The petition dt.20.9.24 filed by the petitioner husband with a prayer to exhibits the document produce by the husband. Now the case is pending for arguments. I am not inclined to entertain the petition dt.20.9.24. Accordingly the said petition stands rejected. Put up on 13.11.24 for arguments.
Both parties come to ready for argument.”
3. The petitioner-wife by filing the Writ Petition No.18941 of 2019 challenges the order dated 16.08.2019 passed in I.A. No.15 of 2017 arising out of C.P. No.288 of 2017 directing payment of pendente lite maintenance @ Rs.5,000/- per month from the date of filing of the application i.e. 12.07.2017.
The C.P. No.288 of 2017 has been filed by the husband in the marriage under Section 13 of the Hindu Marriage Act seeking dissolution of marriage and grant of decree of divorce.
The C.P. No.288 of 2016 has been filed by the wife in the marriage under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights. Accordingly, both the matters were taken up together by the learned Judge, Family Court, Cuttack.
4. Regarding the application seeking enhancement of pendente lite maintenance, learned counsel appearing for the petitioner-wife in W.P. (C) No.18941 of 2019 submits that the wife does not want to press the writ application as on date.
Accordingly, the W.P. (C) No.18941 of 2019 is to be disposed of.
5. Regarding the connected W.P. (C) No.6203 of 2025 where the challenge is to the order dated 04.11.2024 passed by the learned Judge, Family Court in C.P. No. 288 of 2016, reproduced above, apparently the said order has been passed as the wife in the marriage failed to appear before the learned Judge, Family Court till 20.08.2024 though she was directed to appear apparently by order dated 08.11.2023.
6. Now the learned counsel appearing for the opposite party-wife in the marriage files memo of date indicating that the wife undertakes to appear before the learned Judge, Family Court, Cuttack in the pending proceeding on 30.06.2026. The learned court shall proceed to record her evidence (re-cross-examination) on the said date or shall fix a date when she will appear and tender her evidence.
The memo is taken on record. Scanned copy be updated.
7. The issue still left to be answered as pointed by the learned Senior Advocate for the petitioner-husband i.e. order dated 04.11.2024 that records “… “…both parties come to ready for arguments”. It is submitted that once the matter is posted for arguments the purpose of re- cross-examination and consideration of the evidence and consideration of the petitions as reflected in the order dated 16.10.2023 would be rendered otiose.
8. Accordingly, it is directed the order dated 04.11.2024 passed by the learned Judge, Family Court, Cuttack stands modified to the extent that after re-cross- examination of the wife in the marriage, the learned Judge, Family Court shall proceed to consider the petitions as the learned court has observed and reflected in the order dated 16.10.2023. The ‘arguments’ on behalf of both the parties shall await till the evidence is concluded.
9. Before parting with the case, this Court records appreciation of the efforts made by the learned Senior Advocate for the petitioner-husband in the marriage as well as the learned counsel, Mr. Rath and Mr. D.R. Mohapatra, appearing for the opposite party-wife in the marriage for disposal of the matter as the pendency of the present applications before this Court has interdicted the pending civil proceedings before the learned Family Court.
10. Both the petitioners W.P (C) No.18941 of 2019 and W.P. (C) No.6203 of 2025 are disposed of with the above observation.
(Mruganka Sekhar Sahoo)
Judge
Digitally Signed Signed by: JYOSTNARANI MAJHEE Reason: Authentication Location: OHC Date: 22-May-2026 18:13:22 Signature Not Verified