Swarnarekha Sarangi vs Deepak Kumar Acharya
2023 Latest Caselaw 12721 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   MATA No.72 of 2023


            Swarnarekha Sarangi                   ....                       Appellant
                                                        Mr. Anirudha Das, Advocate

                                            -versus-
            Deepak Kumar Acharya                  ....                     Respondent

            CORAM:
                          JUSTICE ARINDAM SINHA
                          JUSTICE SANJAY KUMAR MISHRA
                                         ORDER

13.10.2023 Order No.

02. 1. Mr. Das, learned advocate appears on behalf of appellant-wife.

He submits, his client has preferred appeal against judgment dated 17th

February, 2023 made by the Family Court dissolving the marriage. It was

passed ex-parte against his client. On query from Court he submits,

appeal has been preferred because his client wanted to but could not

adduce evidence before the trial Court. Given opportunity, his client will

produce additional evidence in appeal. On further query from Court he

submits, it will be with regard to omission of the Trial Court to award

permanent alimony.

// 2 //

2. Co-ordinate Bench by order dated 14th July, 2023 had directed

issuance of notice. The postal article has been returned un-served with

endorsement 'addressee left without instruction'. Return to sender'. In

terms of M/s. Madan and Co. v. Wazir Jaivir Chand, reported in AIR

1989 SC 630, paragraph 6, we accept the position to be good service on

respondent-husband.

3. Appellant has chosen to appeal instead of applying for setting

aside ex-parte judgment. Hence, we observe that appellant did not cross-

examine respondent-husband for testing the evidence adduced by him in

the Trial Court. In the circumstances, the evidence was accepted by the

Trial Court and that is no error. Based on the evidence, there has been

direction to dissolve the marriage.

4. We find further from impugned judgment that the trial Court was

conscious of interim maintenance paid by respondent-husband till date of

judgment aggregating Rs.6,52,000/- and dealt with the question under

issue no.(iv). In the circumstances, we adjourn hearing of the appeal to

enable appellant to file application for adducing evidence in appeal, if so

advised. In event appellant does so, she must disclose her income, assets

and liabilities along with any evidence she may be able to adduce

// 3 //

regarding income, assets and liabilities of respondent-husband. We make

it clear, in event application is not filed prior to adjourned date or an

application without substance is filed, the appeal is likely to be dismissed.

5. List on 14th November, 2023.

( Arindam Sinha ) Judge

( S. K. Mishra ) Judge

Prasant

Signature Not Verified Digitally Signed Signed by: PRASANT KUMAR SAHOO Reason: Authentication Location: OHC Date: 13-Oct-2023 18:09:29