SATYA SUNDAR TRIPATHI Vs. MAMATA TRIPATHI

JUDGEMENT

(1.) THIS petition has been filed before this Court under Articles 226 and 227 of the Constitution of India for quashing the order dated 18.7.2007 passed by the learned Judge, Family Court, Cuttack in Civil Proceeding No. 782 of 2004.

(2.) THE present dispute is between two private individuals relating to family affairs, which cannot be the subject matter of a writ petition. Apart from that, in a family Court proceeding, the question is one of granting remedy in personal law. The writ petition being a proceeding for a remedy in public law as held by the Supreme Court in number of judgments, the petition under Article 226 against the order of Judge, Family Court is not maintainable. Therefore, it is treated under Article 227 of the Constitution of India.

(3.) APART from the above, this application arises out of a matrimonial proceeding, which was filed in the year 2004. It appears that though the said proceeding has been dragged for more than three years and the Respondent -husband filed a petition seeking time by filing 11 witnesses, the learned Judge, Family Court has rightly deprecated the said attempt of the Respondent, which is virtually for keeping the matter pending for a longer time. Therefore, learned Judge, Family Court directed both the parties to argue their cases themselves. The Respondent who is the petitioner before us, is an I.P.S. Officer and the wife of the petitioner is also a qualified lady.