Akshya Mallik vs Satyabhama Jena @ Mallick @
2024 Latest Caselaw 489 Ori

Orissa High Court

Akshya Mallik vs Satyabhama Jena @ Mallick @ on 9 January, 2024

Bench: Arindam Sinha, M.S. Sahoo

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 MATA No. 73 of 2022


            Akshya Mallik                          ....             Appellant

                                      Mr. Bijay Kumar Routray, Advocate
                                      -versus-

            Satyabhama Jena @ Mallick @            ....         Respondent
            Suli


                                              Mr. M.R. Sarangi, Advocate


                      CORAM:
                                JUSTICE ARINDAM SINHA
                                JUSTICE M.S. SAHOO
                                       ORDER

09.01.2024 Order No.

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

husband and submits, his client is aggrieved by judgment dated 21st

January, 2022 made by the family Court dissolving the marriage on

the petition of respondent-wife and directing ₹21,00,000/- to be paid

as permanent alimony. The appeal was filed in time.

2. He submits further, there was no marriage. Respondent-wife

and her party witnesses were examined, after which his client was also

examined. This examination was pursuant to his client having filed

// 2 //

written statement categorically denying the marriage. In the meantime,

there was order for payment of maintenance. The wife applied for

striking off his client's case in the proceeding on non-payment of the

maintenance instead of filing for execution. In the meantime, his client

had filed for declaration that there was no marriage, in which

proceeding the wife did not appear. In the wife's case his client's

pleading stood struck off and impugned judgment made.

3. Mr. Sarangi, learned advocate appears on behalf of respondent-

wife. He waives formal notice of appeal.

4. Call for the lower Court record. Court requires assistance on

demonstration of marriage from documentary and oral evidence.

5. List on 6th February, 2024.

(Arindam Sinha) Judge

(M.S. Sahoo) Judge Sks

Designation: PERSONAL ASSISTANT