Jiten Kumar Biswal vs Pranati Das
2024 Latest Caselaw 16682 Ori

Orissa High Court

Jiten Kumar Biswal vs Pranati Das on 14 November, 2024

Bench: Arindam Sinha, M.S. Sahoo

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 MATA No.136 of 2023


            Jiten Kumar Biswal                       ....            Appellant

                                                   Represented By Adv. -
                                          Mr. Sarbeswar Behera, Advocate
                                        -versus-

            Pranati Das                              ....          Respondent

                                                     Represented By Adv. -
                                                   Mrs. Sarita Das, Advocate


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

                                       ORDER

14.11.2024 Order No.

05. 1. Mr. Behera, learned advocate appears on behalf of appellant-

husband and Mrs. Das, learned advocate for respondent-wife.

Submission at the Bar is, during pendency of the appeal there was

reference to mediation. The reference was successful. Joint affidavit

dated 25th June, 2024 has been filed.

2. It appears from the affidavit, in mediation parties agreed to

dissolution of their marriage. Permanent alimony was agreed to be

// 2 //

₹8,00,000/- and already paid. On query from Court Mrs. Das confirms,

her client received the agreed amount of permanent alimony.

3. Parties will forthwith jointly file for divorce by mutual consent

under section 13-B of Hindu Marriage Act, 1955 before the Family

Court. This is because the appeal is a contest on whether there should

be divorce. It cannot be compromised since the Act provides separate

proceeding for mutual divorce.

4. The Family Court is requested to expedite the mutual divorce

proceeding without being detained for reconciliation since, parties

agreed and complied with their obligation under their agreement.

Parties may make second motion for waiver following judgment of the

Supreme Court in Amardeep Singh v. Harveen Kaur, reported in

(2017) 8 SCC 746.

5. List on 10th December, 2024.

(Arindam Sinha) Judge

(M.S. Sahoo) Judge

Sks