Smt. Geetabai Jain vs Kamal Kishore Agrawal
2023 Latest Caselaw 14595 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    MATA No.10 of 2022

             Smt. Geetabai Jain                   .........          Appellant

                                            Mr. Suryakanta Dash, Advocate

                                     -Versus-

             Kamal Kishore Agrawal                .........        Respondent

                  CORAM:

                               JUSTICE ARINDAM SINHA
                               JUSTICE SIBO SANKAR MISHRA

                                            ORDER

14.11.2023 Order No.

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

With reference to our query made in paragraph 2 of order dated 2nd

November, 2023 he submits, there is nothing in impugned judgment with

reference to pleadings and evidence pointing to a finding on parties living

separately from each other.

2. We have perused, interalia, deposition in cross-examination of

appellant-wife on 15th April, 2019. We find, contrary to her allegation

made in paragraph 12 of her evidence on affidavit that she returned to

Bhawanipatna in the month of March, 2011, she deposed in cross-

examination that she continued to stay with respondent-husband till March,

2017. Her evidence also reveals, as found by the Court below, she had

alleged an occasion of cruelty and her visit to the Police Station in Buxi

Bazar. However, her statement also was that there was talk of settlement

and no complaint was registered. In the circumstances, the Court below

found against her on her claim for divorce on cruelty.

3. It is necessary to record that the Court below found not only absence

of proof regarding allegation of cruelty made by appellant but also that she

had left petitioner for her paternal home sometime in the year 2017, when

the son was in Standard-1 after completing K.G.-1. There is further finding

in impugned judgment that appellant also could not establish cruelty meted

out by respondent-husband against the son. The documentary evidence was

confined to marriage invitation card and birth certificate of the son.

Appellant and her mother were witnesses on the one side and respondent-

husband himself on the other.

4. Finding on issue no.4 regarding counter claim of the husband caused

us to raise query upon Mr. Dash. He seeks adjournment.

5. List on 5th December, 2023 along with MATA no.30 of 2022.

                                                                                     (Arindam Sinha)
                                                                                          Judge


                                                                                      (S.S. Mishra)
Signature Not Verified                                                                    Judge
Digitally Signed
Signed by: SUBHASIS MOHANTY
Designation: P.A.
Reason: Authentication
Location: High Court of Orissa, Cuttack.
Date: 15-Nov-2023 10:54:03