Manoja Kumar Rout vs Jyotirekha Shaw
2023 Latest Caselaw 15300 Ori

Orissa High Court

Manoja Kumar Rout vs Jyotirekha Shaw on 30 November, 2023

Author: Arindam Sinha

Bench: Arindam Sinha

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 MATA No. 161 OF 2023

            Manoja Kumar Rout                      ....           Appellant

                                                   Mr. S. C. Das, Advocate
                                      -versus-

            Jyotirekha Shaw                        ....         Respondent
                                                 Mr. D. Mohapatra, Advocate


                    CORAM:
                                 JUSTICE ARINDAM SINHA
                                 JUSTICE SIBO SANKAR MISHRA

                                       ORDER

30.11.2023 Order No.

06. 1. Mr. Mohapatra, learned advocate appears on behalf of

respondent-wife and submits, his client has sworn affidavit dated 20th

November, 2023 before the Executive Magistrate, Balasore. It is at

flag-C. It will appear therefrom, his client declared she had remarried

on 9th July, 2023. This was after the statutory period prescribed for

limitation to present appeal and she duly did so. There was no

violation of provision in section 15 in Hindu Marriage Act, 1955.

2. Mr. Das, learned advocate appears on behalf of appellant-

husband and points out, stamp reporter reported that the appeal was

presented in time.

// 2 //

3. Section 15 is reproduced below.

<15. Divorced persons when may marry again- When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.=

4. Respondent-wife had filed civil proceeding in the family Court

seeking dissolution of marriage. She was successful. She obviously

knew about the statutory period and therefore, deemed to know where

appeal from the judgment could be presented. She was required to

search and ascertain no appeal had been presented to this Court against

impugned judgment dated 14th March, 2023 within the prescribed

time. Plea of notice of appeal having been served beyond the statutory

period is futile.

5. List for hearing on 14th December, 2023.

(Arindam Sinha) Judge

(S.S. Mishra) Judge SignatureSwarna Not Verified Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 30-Nov-2023 18:06:40