Geetabai Jain vs Kamal Kishore Agrawal
2023 Latest Caselaw 13632 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                MATA No. 10 OF 2022

            Geetabai Jain                           ....           Appellant

                                                     Mr. S. Dash, Advocate
                                       -versus-

            Kamal Kishore Agrawal                   ....         Respondent

                                                  Mr. U. K. Samal, Advocate

                    CORAM:
                                JUSTICE ARINDAM SINHA
                                JUSTICE SIBO SANKAR MISHRA
                                        ORDER

02.11.2023 Order No.

12. 1. Mr. Dash, learned advocate appears on behalf of appellant-

wife. He submits, by impugned common judgment his client's civil

proceeding for divorce met with direction for judicial separation.

Respondent-husband's counter claim for restitution of conjugal rights

was also accordingly not allowed. Mr. Samal, learned advocate

appears on behalf of respondent, who has preferred independent

appeal against the common judgment.

2. We require satisfaction either from demonstration of finding in

impugned judgment or from the evidence on fact of separation

between the parties. In event we are shown that there has been

// 2 //

separation prior to the judgment, parties will be heard on whether in

such a situation there can be direction for judicial separation. Upon

hearing on above point, It may be or may not be necessary to hear the

appeals on whether grounds for divorce or restitution of conjugal

rights had been proved on evidence.

3. List along with MATA no.30 of 2022 on 14th November, 2023.

(Arindam Sinha) Judge

(S.S. Mishra) Judge Swarna