Nushrat Bari vs Mohammed Aala
2023 Latest Caselaw 12553 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  MATA No.106 of 2023
                                  (Through hybrid mode)


             Nushrat Bari                         .........          Appellant

                                                      Mr. K.A. Guru, Advocate

                                      -Versus-

             Mohammed Aala                        .........        Respondent

                                                     Mr. A. Mishra, Advocate

                   CORAM:
                                 JUSTICE ARINDAM SINHA
                                 JUSTICE SIBO SANKAR MISHRA


                                              ORDER

12.10.2023 I.A. No.333 of 2023 & MATA No.106 of 2023 Order No.

04. 1. Mr. Guru, learned advocate appears on behalf of applicant-appellant.

He submits, the application carries prayer for restraining respondent-

husband from remarrying during pendency of the appeal. He draws

attention to annexure-2 in the application and submits, it is order-sheet in

civil proceeding no.678 of 2022 filed by respondent-husband against his

client in the Family Court, praying for dissolution of the marriage. His

client is opposed to dissolving the marriage. Hence, there be order of

restraint.

2. Mr. Mishra, learned advocate appears on behalf of respondent-

husband. He submits, the marriage was dissolved on declaration of Talaq

by his client, permissible under the personal of law. He hands up

Talaqnama dated 10th March, 2020. He also points out from impugned

judgment dated 15th March, 2023 that appellant's petition for restitution of

conjugal rights was dismissed on noticing, inter alia that there had been

Talaq and appellant was on notice of it [paragraph-6(xi) of the judgment].

He submits further, his client had filed the civil proceeding under incorrect

advice. He subsequently had withdrawn it.

3. On hearing learned advocates for the parties and going through

relevant part of impugned judgment, we are not inclined to pass any order

on the application. It is disposed of.

4. List the appeal on 15th November, 2023.

(Arindam Sinha) Judge

(S.S. Mishra) Judge

Signature Not Swarna Verified

Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 12-Oct-2023 17:38:50