Tapas Kumar Rout vs Priyanka Nayak … … Opp. Party on 23 March, 2026

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    Orissa High Court

    Tapas Kumar Rout vs Priyanka Nayak … … Opp. Party on 23 March, 2026

    Author: Mruganka Sekhar Sahoo

    Bench: Mruganka Sekhar Sahoo

                 IN THE HIGH COURT OF ORISSA, CUTTACK
    
                            W.P. (C) No.8811 of 2026
    
          An application under Articles 226 and 227 of the
          Constitution of India.
                                 ---------------
    
          Tapas Kumar Rout                       ...      ...         Petitioner
    
                                           -Versus-
          Priyanka Nayak                         ...      ...         Opp. Party
    
          Advocates appeared in the case:
    
                     For Petitioner        : Mr. S. Sahu, Advocate
    
                     For Opp. Party :
    
                                       ------------------
    
     CORAM:
     THE HON'BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO
    
                                     JUDGMENT
    

    ——————————————————————————

    Decided on 23rd March, 2026

    SPONSORED

    ——————————————————————————

    PER MRUGANKA SEKHAR SAHOO, J.

    1. Petitioner-husband is before this Court making the
    following prayer in the petition :

    “It is therefore, prayed that the Hon’ble Court may
    graciously be pleased to:-

    (i) Admit the writ application;

    (ii) Call for the records;

    (iii) Issue a writ of mandamus in directing the
    Learned Judge, Family Court, Bhadrak to expedite
    the hearing and dispose of the matrimonial

    Page 1 of 6
    proceeding being C.P. Case No.219 of 2021 within a
    stipulated period;

    And pass such other writ/writs, order/orders,
    direction/directions as may be deemed fit and proper
    in the facts and circumstances of the case;”

    2. Though the matter is listed for fresh admission, in
    view of the judgment that is going to be passed in the
    facts and circumstances of the case, no notice is issued to
    the opposite party-wife in the marriage. This Court is also
    of the view that the judgment that is being passed, would
    be no way prejudicial to either of the parties to the present
    writ petition.

    3. Learned counsel for the petitioner refers to the
    copy of the order sheet in C.P. No. 219 of 2021 annexed to
    the writ application C.P. has been filed under section 13 of
    Hindu Marriage Act, 1955 by the petitioner-husband
    seeking dissolution of marriage by a decree of divorce from
    the opposite party-wife in the marriage, to submit that the
    opposite party is seeking unnecessary adjournments and
    the proceeding is getting prolonged.

    4. On being asked whether the petitioner had ever filed
    any application before the learned Court in seisin
    indicating that the opposite party is taking unnecessary
    adjournment and if so what order was passed therein;
    learned counsel for the petitioner upon instruction
    submits that no such application has been filed by the
    petitioner.

    5. In considered view of this Court, at the instance of
    a particular litigant, a Civil Proceeding cannot be

    W.P. (C) No.8811 of 2026 Page 2 of 6
    expedited when hundreds of cases are pending before the
    selfsame Court for adjudication.

    For such view this Court relies on the judgment of
    the Hon’ble Supreme Court in Criminal Appeal
    No(s).4758 of 2024: Sangram Sadashiv Suryavanshi
    versus State of Maharashtra1
    : Paragraphs of the said
    judgment
    relied upon are reproduced herein:

    “Before we part with this order, every day we notice
    that in several orders passed by different High Courts
    while rejecting the bail applications, in a routine
    manner, the High Courts are fixing a time-bound
    schedule for the conclusion of the trials. Such directions
    adversely affect the functioning of the Trial Courts as in
    many Trial Courts, there may be older cases of the
    same category pending. Every court has criminal cases
    pending which require expeditious disposal for several
    reasons, such as the requirement of the penal statutes,
    long incarceration, age of the accused, etc. Only
    because someone files a case in our Constitutional
    Courts, he cannot get out of turn hearing. Perhaps after
    rejecting the prayer for bail, the Courts want to give
    some satisfaction to the accused by fixing a time-bound
    schedule for trial. Such orders are difficult to
    implement. Such orders give a false hope to the
    litigants. If in a given case, in law and on facts, an
    accused is entitled to bail on the ground of long
    incarceration without the trial making any progress, the
    Court must grant bail. Option of expediating trial is not
    the solution.

    In paragraph 47.3 of the decision of a
    Constitution Bench of in the case of ‘High Court Bar
    Association, Allahabad vs. State of Uttar Pradesh &
    Ors.’,1
    this Court has held that in the ordinary course,
    the Constitutional Courts should refrain from fixing a
    time-bound schedule for the disposal of cases pending
    before any other Courts. Paragraph 47.3 reads thus:

    “47.3. Constitutional courts, in the ordinary
    course, should refrain from fixing a time-bound

    1
    2024 INSC 899

    W.P. (C) No.8811 of 2026 Page 3 of 6
    schedule for the disposal of cases pending before any
    other courts. Constitutional courts may issue
    directions for the time-bound disposal of cases only
    in exceptional circumstances. The issue of prioritising
    the disposal of cases should be best left to the
    decision of the courts concerned where the cases are
    pending;”

    A direction which can be issued in exceptional
    circumstances is being routinely issued by High Courts
    without noticing the law laid down by the Constitution
    Bench.

    The Appeal is, accordingly, allowed.

    Registry to forward soft copies of this order to
    Registrar Generals of all the High Courts with a request
    to them to circulate copies to all the Hon’ble Judges of
    the High Court.”

    (Underlined to supply emphasis)

    6. Regarding issuance of direction by the High Court to the
    courts which are in seisin of the matrimonial proceedings
    apart from the observations of the constitution bench and the
    subsequent decision: Sangram Sadashiv Suryavanshi
    (supra) reiterating the view as noted above, it would be apt to
    quote the observation of the concurring view of Mithal, J. at
    paragraph-57 from High Court Bar Association,
    Allahabad2 (SCC Online print):

    “57. Sometimes, in quest of justice we end up doing
    injustice. Asian Resurfacing of Road Agency (P)
    Ltd. v. CBI
    , (2018) 16 SCC 299 : (2020) 1 SCC (Cri) 686
    is a clear example of the same. Such a situation created
    ought to be avoided in the normal course or if at all it
    arises be remedied at the earliest. In doing so, we have
    to adopt a practical and a more pragmatic approach
    rather than a technical one which may create more
    problems burdening the courts with superfluous or
    useless work.
    It is well said that useless work drives

    2
    High Court Bar Association, Allahabad v. State of Uttar Pradesh and others : (2024) 6
    SCC 267

    W.P. (C) No.8811 of 2026 Page 4 of 6
    out the useful work. Accordingly, it is expedient in the
    interest of justice to provide that a reasoned stay order
    on
    ce granted in any civil or criminal proceedings, if not
    specified to be time-bound, would remain in operation
    till the decision of the main matter or until and unless
    an application is moved for its vacation and a speaking
    order is passed adhering to the principles of natural
    justice either extending, modifying, varying or vacating
    the same.”

    7. Significantly, above observation of the Hon’ble Apex
    Court by the Constitution Bench in High Court Bar
    Association, Allahabad
    (supra) reiterated in the
    subsequent decision rendered in Sangram Sadashiv
    Suryavanshi
    (supra) were made in Sangram (supra) while
    discussing right of accused persons for expeditious trial
    when they are incarcerated due to long pendency of the
    criminal trial.

    In considered opinion of this Court the principles
    laid down and quoted above shall also apply to other cases
    where trial/adjudication is pending and parties seek to
    expedite the proceeding, though several such matters are
    pending before the Court, the present case being a
    matrimonial dispute between the petitioner-husband and
    the opposite party-wife in the marriage.

    3

    8. However, it is directed, the petitioner if so advised
    may move the learned court in seisin of the matter for any
    appropriate order in accordance with the provisions of Code
    of Civil Procedure
    as well as the Family Courts Act, the same

    W.P. (C) No.8811 of 2026 Page 5 of 6
    shall be considered and necessary orders shall be passed in
    accordance with law.

    It is further directed both the parties shall cooperate for
    expeditious adjudication of the pending matters.

    9. The petition stands disposed of.

    Copy of this order shall be forwarded to the learned
    Judge, Family Court, Bhadrak to be placed on record of C.P.
    No.219 of 2021 pending adjudication.

    (Mruganka Sekhar Sahoo)
    Judge

    Orissa High Court, Cuttack
    The 23rd March, 2026/Jyostna

    Signature Not Verified
    Digitally Signed
    Signed by: JYOSTNARANI MAJHEE
    Reason: Authentication
    Location: OHC
    Date: 25-Mar-2026 18:01:10

    W.P. (C) No.8811 of 2026 Page 6 of 6



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