Lipssa Padhi @ Hota vs Sachidananda Padhi
2023 Latest Caselaw 15780 Ori

Orissa High Court

Lipssa Padhi @ Hota vs Sachidananda Padhi on 8 December, 2023

Author: Arindam Sinha

Bench: Arindam Sinha

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 MATA No.236 of 2023

            Lipssa Padhi @ Hota                     ....           Appellant

                                                    Mr. A. Mishra, Advocate
                                       -versus-

            Sachidananda Padhi                      ....          Respondent

                                                    Mr. J.R. Dash, Advocate

                     CORAM:
                                 JUSTICE ARINDAM SINHA
                                 JUSTICE SIBO SANKAR MISHRA
                                        ORDER

08.12.2023

MATA No.236 of 2023 and I.A. no.248 of 2023 Order No.

03. 1. Mr. Mishra, learned advocate appears on behalf of applicant/appellant-wife. He submits, his client is aggrieved by judgment dated 15th March, 2022 made by the family Court dissolving the marriage. The appeal was presented on delay of 397 days. Explanation for the delay has been given in paragraph 3 of the application. He submits, the delay be condoned and the appeal admitted.

2. Mr. Dash, learned advocate appears on behalf of respondent- husband. He opposes the application. He submits, objection has been filed.

3. Mr. Dash submits, the wife though entered appearance did not file written statement. Pursuant to impugned judgment having been

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made she filed for setting aside of it. He draws attention to order dated 13th January, 2023 made by the family Court, wherein the learned Judge observed on conduct of the wife in harassing his client. The application was dismissed. On delay the wife moved this Court by writ petition, withdrawn on 15th March, 2023. In the circumstances, the application be dismissed.

4. We have perused cause shown in context of submissions made by Mr. Dash. Mr. Mishra submits, opportunity be given to his client for assailing the judgment and decree on merits. Considering the cause shown and submissions made at the Bar, we condone the delay on imposing cost of ₹1,000/- (Rupees one thousand) to be paid by applicant to respondent-husband on or before adjourned date for hearing of the appeal, as a condition precedent.

5. The delay is condoned and the appeal admitted. The application is disposed of.

6. Mr. Dash waives formal notice of appeal.

7. List the appeal on 3rd January, 2024.

(Arindam Sinha) Judge

(S.S. Mishra) Judge Jyoti

Location: HIGH COURT OF ORISSA