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IN THE HIGH COURT OF ORISSA AT CUTTACK
MANASH RANJAN PATHAK, MRUGANKA SEKHAR SAHOO
Ruby @ Bishnupriya Beura @ Samal – Appellant
Versus
Pradeep Kumar Beura – Respondent
| Table of Content |
|---|
| 1. order challenged regarding an ex-parte judgment. (Para 1) |
| 2. adjournments and court proceedings. (Para 2 , 4 , 5 , 6) |
| 3. parties' statements on reconciliation. (Para 7 , 8 , 9) |
| 4. irregularities in ex-parte proceedings. (Para 10 , 11 , 12 , 13) |
| 5. setting aside the ex-parte decree. (Para 14 , 15 , 16) |
JUDGMENT :
MRUGANKA SEKHAR SAHOO, J.
1. The Appellant wife before this Court challenges the order dated 29.09.2023 which is alien to a judgment and decree passed by the learned Judge, Family Court, Cuttack in C.P. No. 95 of 2009 allowing the petition ex-parte against the Appellant who was the Defendant-Opposite Party in the C.P.
2. Pursuant to our order dated 02.09.2025, both the parties are present in person before the Court, i.e. Pradeep Kumar Beura, Respondent-husband in the marriage and Ruby @ Bishnupriya Beura @ Samal, Appellant-wife in the marriage. This Court took note of the fact that till 02.09.2025 the matter is being adjourned repeatedly for no justifiable cause. After the appeal was placed for consideration, for the first time it was listed on 06.04.2024. On the said date, the following order was passed:
“1. Mr. Pradhan, learned advocate appears on behalf of appe
Ex-parte judgments in matrimonial cases must comply with procedural rules, including framing issues and evaluating evidence; failure to do so results in setting aside the decree.
Exparte decree – Setting aside – Every conclusion must be well supported by adequate reasons and if issue is arising that case has not been properly dealt with, same would be relevant circumstance fo....
The right to a fair hearing must be upheld in legal proceedings; ex-parte decrees are void if due process and opportunities to defend are denied.
The court upheld the trial court's discretion in rejecting the application to restore a suit dismissed for default, finding no sufficient cause for the appellants' absence during proceedings.
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