Pulak Chandan Sahu vs Lizarani Sahu
2024 Latest Caselaw 10560 Ori

Orissa High Court

Pulak Chandan Sahu vs Lizarani Sahu on 25 June, 2024

Bench: Arindam Sinha, M.S. Sahoo

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                     MATA No.30 of 2024
            Pulak Chandan Sahu                        ....             Appellant

                                                      Represented By Adv. -
                                                      Mr. S.P. Das, Advocate
                                          -versus-

            Lizarani Sahu                             ....           Respondent

                                                       Represented By Adv. -
                                              Mr. Debasis Tripathy, Advocate
                                              Ms. A. Das, Advocate


                                 CORAM:
                   THE HON'BLE MR. JUSTICE ARINDAM SINHA
                                            AND
                     THE HON'BLE MR. JUSTICE M.S. SAHOO

                                          ORDER

25.06.2024 Order No.

03. 1. The matrimonial appeal has been listed under heading 'To be

mentioned' at instance of Court. This is because it came to our notice

that appellant-husband, who was respondent in the Family Court, had

contested the civil proceeding filed by respondent-wife herein, for

dissolution of the marriage. By impugned judgment dated 26th July,

2023 the civil proceeding was dismissed. As such appellant-husband

was successful in defending the proceeding and thereafter has

preferred this appeal.

// 2 //

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

husband and submits, the appeal was filed because his client, in his

written statement, had clearly said that divorce ought to be granted. He

relies on provision in rule 6 of order XII, Code of Civil Procedure,

1908 and submits, his client's said contention amounts to an admission

and there ought to have been judgment accordingly.

3. Ms. Das, learned advocate appears and submits, her leader is

engaged to appear on behalf of respondent-wife.

4. We are clear in our mind that where a spouse in a marriage

seeks divorce and the other spouse agrees to it, there is provision

under section 13-B in Hindu Marriage Act, 1955 to take care of the

situation and provides remedy to the spouses. Judgment upon

admission is a principle that does not apply in a contested civil

proceeding for divorce, on the contesting spouse purporting to admit

and concede to have divorce. The Act provides for two separate

proceedings in respect of dissolution of marriage. The first proceeding

is under section 13, for adjudication on contest and the second, by

mutual consent between the spouses. It appears from paragraph 3 of

impugned judgment that the Family Court viewed appellant as a

contesting respondent in the civil proceeding.

// 3 //

5. In view of aforesaid we recall our order dated 21st June, 2024,

referring the parties to mediation. At this stage Mr. Das submits, his

client will withdraw the appeal.

6. By reason of altered position adopted by appellant-husband, to

not prosecute the appeal, it is dismissed. The circumstances warrant

disposal of the appeal at this stage.

(Arindam Sinha) Judge

(M.S. Sahoo) Judge Jyoti

Designation: Junior Stenographer

Location: HIGH COURT OF ORISSA Date: 25-Jun-2024 17:30:14