Rudra Prasad Tripathy vs Sasmita Tripathy
2021 Latest Caselaw 12304 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               W.P.(C) No.16448 of 2014
                                (Through hybrid mode)

            Rudra Prasad Tripathy                   ....             Petitioner

                                               Mr.M.R.Satpathy, Advocate
                                        -versus-

            Sasmita Tripathy                        ....       Opposite Party
                                                   Mr.A.Mohanty, Advocate



                      CORAM: JUSTICE ARINDAM SINHA
                                       ORDER

30.11.2021 Order No.

22. 1. Mr. Satpathy, learned advocate appears on behalf of petitioner and submits, impugned is order dated 11th August, 2014 by which amendment petition of opposite party wife was allowed. The order should be quashed because it carries material irregularity and illegality, allowing opposite party wife to change nature and character of her case. He relies on judgment of the Supreme Court in Mashyak Grihnirman Sahakari Santha Maryadit v. Usman Habib Dhuka, reported in 2013 (2) O.J.R. 53 SC.

2. Mr. Mohanty, learned advocate appears on behalf of opposite party wife and submits, trial Court has held that the fact of cruelty, which his client sought to incorporate by way of amendment was elaboration.

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3. Perused the petition and the written statement. In paragraph 9 of the petition, petitioner has alleged cruelty by opposite party. She in her written statement by paragraph 14 had reserved her right to have her say at the time of hearing of the petition, inter alia, with regard to allegations made in paragraph 9 of the petition. Parties are on notice.

4. List on 7th December, 2021 as prayed for.

(Arindam Sinha) Judge RKS