Harekrushna Behera vs Manasi Jena
2023 Latest Caselaw 15675 Ori

Orissa High Court

Harekrushna Behera vs Manasi Jena on 6 December, 2023

Author: Arindam Sinha

Bench: Arindam Sinha

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 MATA No.36 of 2023

            Harekrushna Behera                      ....            Appellant

                                              Mr. S.C. Acharya, Advocate
                                       -versus-

            Manasi Jena                             ....          Respondent

                                                    Mr. S.K. Baral, Advocate

                    CORAM:
                                JUSTICE ARINDAM SINHA
                                JUSTICE SIBO SANKAR MISHRA
                                        ORDER

06.12.2023 Order No.

04. 1. Mr. Acharya, learned advocate appears on behalf of appellant-

husband. He submits, his client is aggrieved by judgment dated 13th

January, 2023 made by the family Court. His client had filed for

divorce on ground of cruelty. There is no dispute regarding that though

impugned judgment was made ex parte against respondent-wife. The

divorce was not granted.

2. He demonstrates from impugned judgment, the Court below

appreciated that his client's ground for claiming divorce is cruelty.

The Court went on to hold cruelty was established but dismissed the

civil proceeding on technicality of non-joinder of party. The Court

// 2 //

below had erred in failing to appreciate that his client had not taken

the ground of adultery but pleaded the fact to establish cruelty.

3. Mr. Baral, learned advocate appears on behalf of respondent-

wife and prays for adjournment.

4. List on 14th December, 2023.

(Arindam Sinha) Judge

(S.S. Mishra) Judge Jyoti

Location: HIGH COURT OF ORISSA