Saraswati Karan vs Siba Prasad Karan
2023 Latest Caselaw 15229 Ori

Orissa High Court

Saraswati Karan vs Siba Prasad Karan on 29 November, 2023

Author: Arindam Sinha

Bench: Arindam Sinha

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 MATA No.78 of 2019

            Saraswati Karan                        ....            Appellant

                                             Mr. P.K. Satapathy, Advocate
                                       -versus-

            Siba Prasad Karan                      ....          Respondent

                                              Mr. B.S. Tripathy, Advocate

                    CORAM:
                                JUSTICE ARINDAM SINHA
                                JUSTICE SIBO SANKAR MISHRA
                                       ORDER

29.11.2023 Order No.

23. 1. Mr. Satapathy, learned advocate appears on behalf of

appellant-wife. He submits, his client is aggrieved by judgment dated

28th February, 2019. Mr. Tripathy, learned advocate appears on behalf

of respondent-husband and submits, impugned judgment was made

under section 13-B in Hindu Marriage Act, 1955. The appeal is not

maintainable.

2. We have perused impugned judgment. We notice that the

family Court said therein it tried for re-union between the parties but

no fruitful result could be achieved. It also said both the parties were

examined, who supported the averments made in the petition. It said

// 2 //

still further, the Court is satisfied that the parties have filed the joint

petition out of their free-will and without any compulsion in order to

get their marriage dissolved. All this stares in the face of appellant in

urging ground of appeal based on fraud. Furthermore, Mr. Tripathy

submits, ground of appeal cannot be said to be pleading of fraud.

Without prejudice, there is no such ground of appeal.

3. List on 13th December, 2023.

(Arindam Sinha) Judge

(S.S. Mishra) Judge Jyoti

Location: HIGH COURT OF ORISSA