Lipi Patnaik vs Hara Prasad Patnaik
2023 Latest Caselaw 14959 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                MATA No. 140 of 2015



            Lipi Patnaik                           ....           Appellant


                                        Ms. Saswati Mohapatra, Advocate
                                      -versus-

            Hara Prasad Patnaik                    ....         Respondent

                                           Mr. S.D. Das, Senior Advocate
                                               Mr. H. Mohanty, Advocate




                     CORAM:
                                JUSTICE ARINDAM SINHA
                                JUSTICE SIBO SANKAR MISHRA


                                       ORDER

17.11.2023 Order No.

18. 1. Ms. Mohapatra, learned advocate appears on behalf of appellant-wife and Mr. Das, learned senior advocate for respondent- husband. By impugned judgment dated 25th July, 2015 the marriage was dissolved. It was a common judgment in the dissolution case filed by the husband and the judicial separation case filed by the wife. It appears, the Court below was faced with the parties not wanting to live with each other.

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2. Perused impugned judgment and petition of the husband for dissolution of marriage. It is clear that two grounds were taken. First was cruelty and the second, desertion. Cause of action for desertion was as on 29th July, 2007 and the civil proceeding on filing the petition was on 28th August, 2009.

3. Mr. Das prays for adjournment because our perusal did not meet with reasons given by the Court below for finding on cruelty. The ground of desertion requires further scrutiny because there was still born delivery on 22nd January, 2008 and Ms. Mohapatra's submission is, respondent-husband took her client to her parent's house to stay for the rest period of pregnancy before delivery.

4. We grant the adjournment but observe that parties might consider the appeal being partly allowed on decree for judicial separation. There can also be dismissal of the appeal with liberty to respondent-husband to again petition on ground of desertion. Of course, if we are shown that the Court below recorded good reason for cruelty, impugned judgment will be confirmed in appeal or otherwise.

5. List on 7th December, 2023.

(Arindam Sinha) Judge

(S.S. Mishra) Judge Signature Not Verified Sks Signed Digitally Signed by: SISIR KUMAR SETHI Designation: PERSONAL ASSISTANT Reason: Authentication Location: oRISSA HIGH COURT Date: 17-Nov-2023 16:42:32