Bharati Sahu vs Santosh Kumar Sahu
2023 Latest Caselaw 15733 Ori

Orissa High Court

Bharati Sahu vs Santosh Kumar Sahu on 7 December, 2023

Author: Arindam Sinha

Bench: Arindam Sinha

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MATA No.50 of 2017


             Bharati Sahu                          .........          Appellant

                                           Mr. Bibhu Pr. Mohany, Advocate


                                      -Versus-

            Santosh Kumar Sahu                     .........         Respondent



                  CORAM:

                               JUSTICE ARINDAM SINHA
                               JUSTICE SIBO SANKAR MISHRA

                                            ORDER

07.12.2023 Order No.

11. 1. Mr. Mohanty, learned advocate appears on behalf of applicant-

appellant-wife. He submits, his client's husband filed for divorce and

obtained it by impugned judgment dated 2nd February, 2017. The appeal

was presented on 24 days delay impleading the husband as respondent at

the address given in the divorce petition. Respondent avoided service and

there was order dated 25th November, 2019 made by co-ordinate Bench

directing substituted service. The notice was duly published.

2. We reproduce below paragraph 5 from our order dated 11th October,

2023.

"List for hearing on 14th November, 2023. Impugned judgment will remain stayed till disposal of the appeal. Appellant will forthwith communicate our order to respondent's address by post and otherwise, if possible."

Mr. Mohanty submits, he has already filed the postal receipt for dispatch

by post our order dated 11th October, 2023 to respondent-husband. He

hands up postal article returned to his client bearing endorsement

'insufficient address'. He submits further, same situation prevailed,

whereby his client was compelled to cause substituted service. We have

compared the address given in returned postal article with address of

husband mentioned in impugned judgment. It is the same. We are satisfied

our direction in order dated 11th October 2023 has been complied with in

substance. The returned postal article be kept in the file.

3. Perused impugned judgment. It appears the marriage was dissolved

on ground of desertion and cruelty, in that order. Reason given by

appellant-wife for having left the matrimonial home on allegation of affair

of respondent-husband with his 'bhauja' was not found to be proved as a

reasonable cause. The learned Judge found indication from materials on

record that appellant-wife had no intention to resume good cohabitation

unless and until respondent-husband acceded to her demand to live in her

parent's house. That admittedly there had been no cohabitation between the

parties since 3rd May, 2011.

5. List on 10th January, 2024. The lower Court record be called for.

(Arindam Sinha) Judge

(S.S. Mishra) Judge

Subhasis/P.A.

Location: High Court of Orissa, Cuttack