Orissa High Court
WP(C)/13064/2026 of ASHOK KUMAR PATRA Vs RAJANI PATTNAIK on 8 May 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.13064 of 2026 Ashok Kumar Patra …. Petitioner Mr. Basudev Mishra, Advocate -versus- Rajani Pattnaik and another …. Opp. Parties CORAM: JUSTICE MRUGANKA SEKHAR SAHOO Order No. ORDER 08.05.2026 (Hybrid Mode) 01. 1. The writ
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.13064 of 2026
Ashok Kumar Patra
….
Petitioner
Mr. Basudev Mishra, Advocate
-versus-
Rajani Pattnaik and
another
….
Opp. Parties
CORAM:
JUSTICE MRUGANKA SEKHAR SAHOO
Order No.
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ORDER
08.05.2026 (Hybrid Mode)
01.
1. The writ application has been filed by the petitioner with the following prayer: “It is, therefore, humbly prayed that this Hon'ble Court may graciously be pleased to issue Rule NISI calling upon the Opp. Parties to show cause as to why C.P. No.50 of 2024 pending in the Court of the Learned Judge Family Court, Jeypore shall not be directed to be disposed of within a stipulated period and on perusal of causes shown if any or any insufficient causes shown make the said Rule absolute and may pass any such other order(s) as deem just and proper; And for this act of kindness, the Petitioner as in duty bound shall ever pray.”
2. The petitioner in the present application is the husband in the marriage and the Opp. Party is the wife in the marriage.
It is submitted by the learned counsel for the petitioner that MATA No.177 of 2023 filed by the wife in the marriage is pending challenging ex parte Digitally Signed Signed by: RAJESH KUMAR BADHEI Reason: Authentication Location: OHC Date: 14-May-2026 20:13:24 Signature Not Verified judgment passed by the learned Judge, Family Court, Nabarangpur in C.P. No.9 of 2022.
The said C.P. was filed by the husband in the marriage under section 9 of the Hindu Marriage Act seeking restitution of conjugal rights.
The C.P. was favoured ex parte against the wife, hence the MATA.
3. It is submitted by the learned counsel for the petitioner that though the petitioner in the writ application has approached by learned Judge, Family Court, Jeypore to proceed in the petition C.P. No.50 of 2024 which has been filed by the husband in the marriage under section 13 of the Hind Marriage Act seeking dissolution of marriage and decree of divorce.
It is submitted by the learned counsel for the petitioner that during pendency of the MATA before the Division Bench which is still pending, the matter was referred for mediation and as per his instruction mediation has failed.
4. It is submitted by the learned counsel for the petitioner that reserving his right to move the learned Division Bench before which the MATA is pending, he will not press the present application.
5. Accordingly, the petition is disposed of.
(Mruganka Sekhar Sahoo) Judge Rajesh