Sradhanjali Burgi vs Balmiki Dehury
2023 Latest Caselaw 11334 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                        MATA No.76 of 2023

Sradhanjali Burgi                      .....                              Appellant
                                                    Mr.Jagannath Bhuyan, Advocate
                                       Vs.
Balmiki Dehury                         .....                                 Respondent


            CORAM:
                         JUSTICE SAVITRI RATHO
                          JUSTICE M.S.SAHOO
                                              ORDER

15.09.2023 Order No. 1. This matter is taken up through hybrid mode.

02.

2. This appeal has been filed by the appellant challenging the

judgment dated 14.12.2022 passed in C.P. No.04 of 2022 dismissing

the petition of the appellant-wife filed under Section 9 of the Hindu

Marriage Act for a decree of restitution of conjugal rights.

3. Perusal of the judgment reveals that a case under Sections 498-

A/294/323/307/506/34 of IPC read with Section 4 of the D.P. Act is

pending against the respondent and his family members at G.Udayagiri

Police Station.

4. The findings of the learned Judge, Family Court, Phulbani,

Kandhamal is that the appellant has withdrawn from the Society of the

respondent on the ground that the respondent tortured her and

attempted to kill her and that the appellant has not displayed any

conduct in furtherance of her bonafide intention to return back to her

//2//

matrimonial home.

5. Mr.J.Bhuyan, learned counsel for the appellant prays for two

weeks time to obtain instruction.

6. List this matter on 05.10.2023.

(Savitri Ratho) Judge

(M.S.Sahoo) Judge Bichi

Signature Not Verified Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 18-Sep-2023 20:36:36