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Orissa High Court

Khagendra Sethi vs Smt. Annapurna Sethi .... Opposite ... on 8 September, 2022

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     CRLMC No. 2790 of 2015

            Khagendra Sethi                            ....             Petitioner
                                                   Mr. Balaram Nayak, Advocate

                                           -Versus-

            Smt. Annapurna Sethi                      ....         Opposite Party
                                                  Mr. T.K. Praharaj, SC, OP No.1

                       CORAM:
                       MR. JUSTICE R.K. PATTANAIK

                                           ORDER

08.09.2022 Order No.

06. 1. Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned counsel for the petitioner submits that the DV proceeding is not maintainable since because petitioner has obtained a decree against the opposite party under Annexure-1, which is objected to by learned counsel for the opposite party but claims that the ex-parte decree is no more in existence, the same having been set aside in the meantime and divorce proceeding is restored before the court of learned Judge, Family Court, Cuttack.

3. In response to the above, learned counsel for the opposite party seeks an adjournment to obtain instruction, which is allowed.

4. List this matter on 10th October, 2022.

5. Interim order passed earlier shall continue till the next date.

(R.K. Pattanaik) Judge U.K.Sahoo