The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.31442 of 2024 Priyadarshini Amrita Panda … Petitioner R O X Biswajit Pati -versus- Mr. B.Pujari, Advocate … Opposite Party Mr.G.M.Rath, Advocate CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 18.12.2024 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. The prayer of the petitioner is for quashing the impugned order under Annexure-5 by which the learned Judge Family Court, Cuttack while rejecting the time petition of the petitioner posted the matter for argument on 21.12.2024. 3.
Legal Reasoning
Heard Mr. Basudev Pujari, learned counsel for the petitioner, Mr.Gouri Mohan Rath, learned counsel for the opposite party and perused the record. 4. In order to address the prayer of the petitioner, it needs to be emphasized that this Court
Decision
by an order passed on 14.11.2024 disposed of WP(C) No. 27910 of 2024 which was filed by the petitioner for an issue relating to recall and further examination Page 1 of 5 of PW1. The relevant part of the said order is extracted as under:- “5. In view of the aforesaid facts and circumstances and development and taking into account the admitted submissions of the parties, since the order refusing to initiate criminal proceeding under Section 340 of CrPC being appealable in nature and the same having been not pressed by the learned counsel for the petitioner, for an holistic solution in the matter, it is ordered that the learned Judge, Family Court, Cuttack shall fix one or two suitable dates for examination of one witness from the side of petitioner-wife and cross-examination of OP-husband and proceed with the case. 6. It is made clear that the learned Judge, Family Court, Cuttack shall not allow further adjournment after fixing the date(s), unless the same is on account of some unavoidable circumstance beyond the control of the Court”. 5. After receipt of this order as noted above, the learned Judge Family Court, Cuttack posted the case on 02.12.2024 and 06.12.2024 for examination of one witness from the side of the wife and cross- examination of petitioner-husband, but what is evident from the order of the learned Judge Family Court that on 02.12.2024 the wife instead of examining any witness from her side filed a memo to close her evidence. Accordingly, the matter was posted to 06.12.2024 for cross-examination of the husband. Pursuant to such order, the cross- Page 2 of 5 examination of husband-cum-PW1 was taken up and it continued from 11.15 AM till 2.50PM without any break and thereafter, a time petition was filed by the counsel for the present petitioner for further cross- examination of PW1 to another date after 10.12.2024. It is, however, emphasized by Mr.Pujari that unless further cross-examination of the husband is done, the wife would be prejudiced in her defence. It is worthy to state here that this Court in the order dated 14.11.2024 passed in WP(C) No. 27910 of 2024 has directed that the learned Judge Family Court, Cuttack shall fix one or two suitable dates for examination of one witness from the side of petitioner-wife and cross-examination of OP-husband and no further adjournment shall be allowed after fixing of the date(s), unless the same is on account of some unavoidable circumstance beyond the control of the Court. 6. In this case, although the petitioner-wife knew that she has no evidence to adduce, but she waited till 02.12.2024 to file the memo which itself discloses the intention of the petitioner to drag the proceeding inasmuch as had the petitioner no intention to examine other witnesses, she could have filed the memo to close her evidence on the very same day when the learned Judge Family Court, Cuttack fixed suitable dates after production of the Page 3 of 5 certified copy of the order dated 14.11.2024 passed in WP(C) No. 27910 of 2024 by the petitioner before him, but instead, the petitioner waited till 02.12.2024 to waste another date and thereafter, the cross- examination of PW1 was taken up on 06.12.2024 which continued from 11.15AM till 2.15PM without any break and thereafter, a time petition was filed by the petitioner which is contrary to the order passed by this Court. Accordingly, the learned Judge Family Court, Cuttack, however, being patient-fully allowed the counsel representing the wife to cross-examine PW1 for such a long period and this Court, therefore, appreciate the learned Judge Family Court, Cuttack for making such an endeavor to conclude the cross- examination of PW1 in obedience to the order of this Court, but on the other hand, the wife has only intention to drag the litigation which is evident from filing of time petition by learned counsel appearing for her on 06.12.2024 for further cross-examination of PW1 by putting a further stipulation for posting the matter to a date after 10.12.2024 for convenience of the conducting counsel. Time and again, it has been held that the convenience of the counsel is not a ground for adjournment, of course, some times the Court accommodates the parties on genuine convenience of the counsels. Page 4 of 5 7. In the facts and circumstances and taking into account the conduct as demonstrated by the wife in wasting time of the Court for one day in filing closure memo to close her evidence and seeking further adjournment of the cross-examination of PW1 after cross-examination of PW1 for such a long period w.e.f. 11.15AM to 2.15PM without any break on 06.12.2024, this Court is not convinced enough to allow the petitioner-wife to further cross-examine PW1, especially when the perusal of examination-in- chief and cross-examination of PW1 reveals/discloses substantial cross-examination of PW1 and there is nothing on record to allow his further cross- examination. Thus, in the circumstance, the learned Judge Family Court, Cuttack has rightly rejected the application of the wife in refusing to allow further time to cross-examine of PW1. In the result, the writ petition being devoid of merit stands dismissed on contest, but no order as to costs. (G. Satapathy) Judge kishore Signature Not Verified Digitally Signed Signed by: KISHORE KUMAR SAHOO Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 19-Dec-2024 11:32:05 Page 5 of 5