Pintun Sutar vs Rashmi Rani
2023 Latest Caselaw 15146 Ori

Orissa High Court

Pintun Sutar vs Rashmi Rani on 28 November, 2023

Author: Arindam Sinha

Bench: Arindam Sinha

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            MATA No.357 of 2023


            Pintun Sutar                          ....             Appellant

                                   Mr. Sudhansu Sekhar Pratap, Advocate

                                      -Versus-
            Rashmi Rani                           ....         Respondent


                   CORAM:
                        JUSTICE ARINDAM SINHA
                        JUSTICE SIBO SANKAR MISHRA
                                      ORDER

28.11.2023

MATA no.357 of 2023 and I.A. no.372 of 2023 Order No.

01. 1. Mr. Pratap, learned advocate appears on behalf of applicant/appellant-husband. He submits, his client is aggrieved by impugned judgment dated 11th January, 2023 by the family Court, to extent that exorbitant amount was directed to be paid as permanent alimony. The appeal was presented on delay and hence, there is application for condonation.

2. We notice there is error in the decree drawn up inasmuch as instead of petitioner-husband seeking divorce, statement is that petitioner-wife had sought divorce. In the circumstances, applicant has leave to get returned, certified copy of the decree on substituting same with true photocopy. Applicant will produce the certified copy in the Court below

for it being corrected as can be done under section 152 in Code of Civil Procedure, 1908. Thereupon applicant will file corrected certified copy of the decree, in the appeal.

3. Reported delay is 177 days. Issue notice along with this order on the application and appeal upon respondent-wife. Accept one set of process fee for service by registered/speed post with AD. Applicant will put in requisites.

4. List on 19th December, 2023.

(Arindam Sinha) Judge

(S. S. Mishra) Judge

RKS