Subasini Behera @ Sethi vs Subrat Behera
2023 Latest Caselaw 12115 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MATA No.285 of 2023
                                  (Through Hybrid mode)


            Subasini Behera @ Sethi                ....                       Appellant
                                                           Mr. R. N. Debta, Advocate
                                             -versus-
            Subrat Behera                          ....                     Respondent

            CORAM:
                          JUSTICE ARINDAM SINHA
                          JUSTICE SIBO SANKAR MISHRA
                                         ORDER

06.10.2023 Order No.

01. 1. Mr. Debata, learned advocate appears on behalf of appellant and

submits, impugned is judgment dated 16th August, 2023 rejecting his

client's application condonation of delay in applying for setting aside ex-

parte decree of divorce obtained by the husband against his client. He

submits the appeal has been filed in time. The husband is likely to get

married again unless restrained by interim order.

2. Bare perusal of impugned judgment reveals the Court below

found the delay to be more than 2 and ½ months in preferring the

proceeding after knowledge on 26th September, 2022, more than 1 and ½

months beyond the statutory provision and article 123 in Limitation Act,

1963.

// 2 //

3. Appellant may take notice of appeal by dasti. Requisites are to be

put in.

4. List on 12th October, 2023. Appellant has liberty to forthwith

serve website copy of our order on respondent.

( Arindam Sinha ) Judge

( S. S. Mishra ) Judge

Prasant

Signature Not Verified Digitally Signed Signed by: PRASANT KUMAR SAHOO Reason: Authentication Location: OHC Date: 06-Oct-2023 16:00:29