Sri Jogeswar Choudhury vs Smt. Jema Choudhury
2021 Latest Caselaw 12146 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  R.S.A. No.399 of 2006
            Sri Jogeswar Choudhury                                      Appellant
                                                      ....
                                                      Mr.B. Routray, Sr. Advocate
                                           -versus-
            Smt. Jema Choudhury                       ....               Respondent
                                                           Mr. S.K. Pradhan, Adv

                        CORAM:
                        MR. JUSTICE D.DASH
                                        ORDER

Order No.                              24.11.2021
   07.      1.        This matter is taken up through hybrid arrangement
            (virtual/physical mode).

2. Heard Mr. B. Routray, learned Senior Counsel for the Appellant and Mr. S.K. Pradhan, learned counsel for the Respondent.

3. The Appeal is admitted on the following substantial question of law:

"Whether the First Appellate Court has committed an error by not passing the decree for divorce despite the fact that by the time of disposal of the First Appeal admittedly the parties after passing of the decree for judicial separation had neither restituted the conjugal life nor had the resumption of cohabitation between them for more than three and half years by then?"

4. On consent of the learned counsel for the Parties, they have been heard on the above substantial question of law.

5. The judgment as per separate sheets pronounced.

(D. Dash) Judge Himansu