Sadananda Behera vs Nandita Sethi
2021 Latest Caselaw 12677 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                               W.P.(C) No.36864 of 2021
                               (Through hybrid mode)

            Sadananda Behera                         ....          Petitioner

                                              Mr. Asutosh Mishra, Advocate

                                         -versus-
            Nandita Sethi                            ....     Opposite Party

                                          Mr. Nityananda Behuria, Advocate

                     CORAM: JUSTICE ARINDAM SINHA
                                         ORDER

09.12.2021 Order No.

01. 1. Mr. Mishra, learned advocate, appears on behalf of petitioner-

husband. He submits, opposite party-wife and his client have been living separately since 15th June, 2011. They applied for divorce by mutual consent on 12th August, 2021. Soon thereafter, on 9th November, 2021, they applied for waiver of statutory period after first motion. By impugned order dated 16th November, 2021, the waiver application was rejected. On query from Court he submits, there is no issue from the marriage.

2. He relies on judgment of Supreme Court in Amardeep Singh vs. Harveen Kaur reported in (2017) 8 SCC 746, paragraph 19.

3. Mr. Behuria, learned advocate appears on behalf of opposite party-wife.

// 2 //

4. Parties will file their joint affidavit on clause (ii) in paragraph 19 of Amardeep Singh (Supra). The affidavit will be received on adjourned date.

5. List on 23rd December, 2021.

(Arindam Sinha) Judge Prasant