The main legal point established in the judgment is that the petitioner had no right to continue residing in the quarters, as previous orders had declared her not to be the wife of her husband. The court also rejected the petitioner's arguments regarding the legality of the previous orders and her right to continue residing in the quarters after her husband's retirement.

JUDGMENT :

BISWAJIT MOHANTY, J.

The petitioner has filed the present writ petition with the following prayers:-

To issue

(i) Writ of mandamus to opposite party No.1 not to evict the petitioner from Quarter No.49, Type-III, Survey of India Residential Colony.

(ii) Further to issue direction to opposite party No.1 to start disciplinary proceeding against opp. party No.2 taking into consideration of various enquiry report and police cases against him. To issue such other writ/writs which this Hon’ble Court may think fit in the interest of justice.

2. In course of hearing, on 25.11.2014, the petitioner filed an affidavit stating that she did not want to press “prayer No.ii” as indicated above, since opp. party No.2 had already been punished and had retired from service on 31.8.2014. In such background, now this Court is only required to examine whether prayer No. (i) made above, can be allowed in favour of the petitioner ?

3. The case of the petitioner is that she married opp. party No.2 on 12.8.1997, and, thereafter, dissension arose on account of she being tortured by opp. party No.2 when her father failed to give the outstanding dowry of Rs.6,000/-. She was also pressurized by opp. party No.2 to go for abortion. In support of her marriage, she had relied on Marriage Permission Letter issued by Nikhila Utkal Oda Samanta Samaja under Annexure-1, the certificate issued by Sarpanch under Annexure-2 and Photo Identity Card issued by the Election Commission of India under Annexure-4 etc. The petitioner had also filed complaint in Odisha State Mahila Commission, Bhubaneswar, as a result of which, the said Commission took up the matter on her behalf. On 01.03.1999, when the petitioner was getting ready to go to attend the proceedings before Odisha State Mahila Commission, Bhubaneswar, the opp. party No.2 and her in-laws being armed with deadly weapons attacked her inside the quarters by breaking open the door and tried to kill her. But she was successful in running away through front door and thereafter she started shouting. Hearing her shouting, the neighbours came forward and rescued the petitioner from the attackers. Accordingly, on 1.3.1999 the petitioner lodged F.I.R. at Chandrasekharpur Police Station. During 1999, opp. party No.2 filed Title Suit No.21 of 1999 before the court of learned Civil Judge (Junior Division), Bhubaneswar against the petitioner for a declaration that petitioner was not his wife. After dismissal of the said Title Suit, the opp. party No.2 filed appeal before the learned Adhoc Addl. District Judge, Fast Track Court No.II, Bhubaneswar and on 20.5.2008, the learned Adhoc Addl. District Judge, Fast Track Court No.II, Bhubaneswar remanded the matter back to the learned Civil Judge (Junior Division), Bhubaneswar for giving a chance to the petitioner for adducing her evidence. The trial court was also directed to deliver a fresh judgment. Further, according to the petitioner against the Judgment of the learned Adhoc Addl. District Judge, Fast Track Court No.II, Bhubaneswar, the opp. party No.2 preferred SAO No.10 of 2008 before this Court. On 3.12.2010, this Court allowed SAO No.10 of 2008, set aside the order of the learned appellate court remanding the matter back to the trial court and directed that the suit of the opp. party No.2 be decreed with respect to his claim that petitioner was not the wife of opp. party No.2. The petitioner filed Misc. Case No.41 of 2011 to recall the order dated 3.12.2010 passed in SAO No.10 of 2008. The said Misc. Case was dismissed by this Court on 28.02.2012. Further, the petitioner filed RVWPET No.62 of 2012 to review the order dated 28.02.2012 passed in Misc. Case No.41 of 2011 arising out of SAO No.10 of 2008. The said review petition was also dismissed by this Court on 27.03.2012. Accordingly, on 21.4.2012, the learned Civil Judge (Junior Division), Bhubaneswar drew up the decree to the effect that the petitioner was not the wife of opp. party No.2 vide Annexure-B/1. Challeng