Anupama Agrawal vs Om Prakash Agrawal
2023 Latest Caselaw 1096 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  MATA No.73 of 2020

     Anupama Agrawal                         .........             Appellant
                                                     Ms. Samapika Mishra, Advocate

                                    -Versus-

     Om Prakash Agrawal                      .........            Respondent


                                    CORAM:

                                    JUSTICE S. TALAPATRA
                                    JUSTICE SAVITRI RATHO

                                           ORDER

01.02.2023 Order No.

08. 1. This matter is taken up through Hybrid Mode.

2. Ms. Samapika Mishra, learned counsel appearing for the

applicant filed an application for modifying the judgment and order

dated 19.09.2021 delivered in MATA No.73 of 2020. Ms. Mishra,

learned counsel has pointed out that in para-6 of the said judgment, it

has been stated as follows:

"xxx xxx xxx In that view of the matter, this MATA is disposed of confirming the dissolution of marriage passed by the Judge, Family Court, Bargarh in Matrimonial Case No.01 of 2017. The terms and conditions and the averments made in the I.A. itself shall form a part of this order.

Accordingly, the MATA and the I.A. are disposed of."

3. Ms. Mishra, learned counsel has apprised us that Mat Case

No.01 of 2017 was dismissed and, therefore, there was no dissolution

of marriage.

4. Having noted as such, we are inclined to issue notice on the

respondent.

5. Ms. Mishra, learned counsel has submitted that the respondent

was represented by counsel in the proceeding in MATA No.73 of

2020. If the counsel accepts the notice for the respondent, the service

will be deemed to have been complete, otherwise the applicant will

take steps for service of notice on the respondent by Registered Post

with A.D. within 06.02.2023.

6. In that event, the notice shall be made returnable on

28.02.2023.

(S. Talapatra) Judge

(Savitri Ratho) Judge

Subhasis