Sasmita Nayak v. This matter is taken up through hybrid mode

Mr. P.S. Das, Advocate Sasmita Nayak …. Opposite Party -versus- CORAM: JUSTICE SANJAY KUMAR MISHRA ORDER 29.07.2026 This matter is taken up through hybrid mode.

The present writ petition has been preferred by the Petitioner, who claims herself to be legally married wife of late Pravat Suvadarsan Nayak, challenging the maintainability of proceeding in C.P. No.74 of 2026, pending before the learned Judge, Family Court, Bhadrak, initiated by the Opposite Party under Section 7(1)(a) & (b) of the Family Courts Act, 1984, read with Section 34 of the Specific Relief Act, 1963, Section 7 of the Hindu Marriage Act, 1955 and other relevant provisions, vide which a prayer has been made for declaration of marital status and consequential reliefs, including permanent injunction.

After hearing the learned Counsel for the Petitioner, this Court is of the view that the prayer made in the writ petition is premature. The Petitioner ought to have moved before the learned Judge, Family Court, Bhadrak questioning the maintainability of the proceeding in C.P. No.74 of 2026, instead of approaching this Court in form of a writ petition challenging the very initiation of the said proceeding.

It made clear that dismissal of the writ petition shall not be a bar for the Petitioner to do the needful in accordance with law. Kanhu JUDGE (S.K. MISHRA)