Wahengbam Shriman Netajit vs Laithangbam Sophia Devi on 8 July, 2025

Manipur High Court

Wahengbam Shriman Netajit vs Laithangbam Sophia Devi on 8 July, 2025

KABORAMBA Digitally
          KABORAMBAM
                    signed by

M SANDEEP SANDEEP SINGH
          Date: 2025.07.10
SINGH     10:55:44 +05'30'



                                  IN THE HIGH COURT OF MANIPUR
                                            AT IMPHAL
                                 CRP (C.R.P. Art. 227) No. 33 of 2025

                        Wahengbam Shriman Netajit
                                                                             Petitioner
                                                 Vs.
                       Laithangbam Sophia Devi
                                                                            Respondent

Clubbed with
MC [CRP (C.R.P. Art. 227)] No. 49 of 2025

BEFORE
HON’BLE THE CHIEF JUSTICE MR. KEMPAIAH SOMASHEKAR
(ORDER)
08.07.2025

Heard learned counsel for the petitioner/applicant, Mr. M.

Rakesh, who is present before the Court physically.

MC [CRP (C.R.P. Art. 227)] No. 49 of 2025 has been filed

under Section 151 of the CPC read with Article 227 of the Constitution of

India and whereby seeking interim stay of the impugned ex-parte interim

order dated 30.06.2025 passed by the Family Court, Imphal East in Judl.

Misc. Case No. 262 of 2025 arising out the proceeding in Mat. (Div) Suit

No. 43 of 2025.

The same has been challenged under proceeding in CRP

(C.R.P. Art. 227) No. 33 of 2025 and the proceeding in MC [CRP (C.R.P.

Art. 227)] No. 49 of 2025, the applicant is seeking some sort of stay of the

impugned order as rendered by the Family Court.

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However, the proceeding in Mat. (Div) Suit No. 43 of 2025 as

initiated by the wife as under the relevant provisions of Hindu Marriage

Act, 1955 for seeking divorce. However, the main proceeding is pending

for adjudicatory process in between the petitioner and the respondent

therein.

In the meanwhile of the initiation of the proceeding in Judl.

Misc. Case No. 262 of 2025 and wherein the Family Court has rendered

ex-parte interim order dated 30.06.2025 and the same is required to be

seeking stay the impugned order.

Therefore, keeping in view the reasons stated in the

application and also keeping in view the scope of Section 151 of CPC that

there is no limit to exercise the inherent power, either effecting or affecting

any orders under the scope, that is the first limb of the said provision of

law, the second limb of the said provision of law relating to preventing the

abuse of process of law, whereas the third limb of the said provision of law

is securing the ends of justice, the aforesaid limb of the said provision of

law are applicable to both the parties in the proceeding.

Therefore keeping in view the scope of Section 151 of the

CPC are concerned, it is deemed appropriate that the ex-parte interim

order as rendered by the Family Court in Judl. Misc. Case No. 262 of 2025

dated 30.06.2025 is hereby stayed till the next date of hearing.

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In the meanwhile, learned counsel, Mr. Sh. Athoi, is coming

on record on behalf of the respondent by filing caveat under Section 148A

of the CPC and the said counsel be permitted to file, if any, necessary

application for seeking dissolution of the order.

Accordingly, MC [CRP (C.R.P. Art. 227)] No. 49 of 2025 is

hereby disposed of.

Registry is directed to print the name of Mr. Sh. Athoi,

counsel for the petitioner in the cause list in CRP (C.R.P. Art. 227) No. 33

of 2025, accordingly be listed on 23.07.2025.

CHIEF JUSTICE
Sandeep

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