Sushree Smita Rout vs Prabhanjan Swain
2024 Latest Caselaw 16677 Ori

Citation : 2024 Latest Caselaw 16677 Ori
Judgement Date : 14 November, 2024

Orissa High Court

Sushree Smita Rout vs Prabhanjan Swain on 14 November, 2024

Bench: Arindam Sinha, M.S. Sahoo

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 MATA No.215 of 2024


            Sushree Smita Rout                      ....              Appellant

                                                      Represented By Adv. -
                                                Mr. S. Chakravarty, Advocate
                                         -versus-

            Prabhanjan Swain                        ....            Respondent
                                                    Represented By Adv. -
                                                    Mr. P.R. Barik, Advocate

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

                                        ORDER

14.11.2024 Order No.

03. 1. Mr. Chakravarty, learned advocate appears on behalf of

appellant-wife and submits, his client had filed for restitution. By

judgment dated 26th April, 2024 the Family Court dismissed the

petition. Drawing attention to paragraph-16 in impugned judgment he

submits, in effect his client's restitution case was dismissed for its fate

to be determined on outcome of the divorce case filed by respondent-

husband, thereafter proceeded with.

2. Earlier, upon liberty granted by us on order dated 2nd July,

2024, he had communicated to the Family Court and that is how

respondent came to be represented in the appeal. He submits, his client

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is seriously prejudiced by impugned judgment. It be set aside and the

restitution case restored to the Family Court. On query he submits,

evidence was adduced in the restitution case.

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

husband. He submits, his client had filed for restitution. Pursuant

thereto criminal cases were filed by appellant against his client. As

such he was compelled to withdraw the restitution case and file for

divorce. Hearing is complete and judgment was due to be delivered on

12th November, 2024. Information of his client is, it was not delivered.

4. Reproduced below is a passage from paragraph-16 of

impugned judgment.

"... ... It is also imperative to mention that the divorce proceeding filed by the respondent-husband against the petitioner is sub-judice in this Court which will properly determine the fates of the parties. Therefore, in such facts and circumstances, I deem it just and proper not to allow restitution in favour of the petitioner. Hence it is ordered:"

5. We are inclined to allow prayer of Mr. Chakravarty made on behalf

of appellant-wife. This is simply because in event the Family Court is of

opinion that divorce is not to be granted, the restitution case standing

dismissed, it will not be possible to decree it.

6. Impugned judgment is set aside. The restitution case is restored. We

make it clear that pleadings and evidence is complete in the restitution case

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as is also complete in the divorce case. Parties have liberty to forthwith

communicate website copy of this order to the Family Court. Said Court

will fix a date for consolidated argument to be made by the parties in both

cases and then proceed to deliver common judgment.

7. The appeal is disposed of.