Suman Gantait vs Manjushree Gantait
2024 Latest Caselaw 16881 Ori

Orissa High Court

Suman Gantait vs Manjushree Gantait on 20 November, 2024

Bench: Arindam Sinha, M.S. Sahoo

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MATA No.133 of 2018


            Suman Gantait                              ....             Appellant

                                                         Represented By Adv. -
                                                     Mr. A.K. Sarangi, Advocate
                                          -versus-

            Manjushree Gantait                         ....           Respondent
                                                        Represented By Adv. -


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

                                         ORDER

20.11.2024 Order No.

08. 1. Mr. Sarangi, learned advocate appears on behalf of appellant-

husband and files affidavit dated 5th November, 2024 pursuant to

direction made in order dated 27th September, 2024. He submits,

disclosed in the affidavit are photographs to show respondent married

someone else and now has a child.

2. On query made Mr. Sarangi submits, no maintenance, as

directed by impugned judgment, was paid by his client. Respondent

also did not file for execution or at least his client has no notice of it.

3. We reproduce below paragraph-4 from our said order dated

27th September, 2024.

// 2 //

"4. Appellant will put in requisites for issuance of notice of appeal. Appellant must also file affidavit regarding his information on respondent having got married. It may amount to additional evidence in the appeal, necessary for us to adjudicate it."

As aforesaid, appellant has filed the affidavit. Postal article bearing the

notice of appeal has been returned unserved with postal endorsement

'Addresee left. Hence returned to sender'. The endorsement was made on

29th October, 2024. The situation is of good service per judgments of the

Supreme Court in C.C. Alavi Haji v. Palapetty Muhammed, reported in

(2007) 6 SCC 555, paragraph 14, State of M.P. v. Hiralal, reported in

(1996) 7 SCC 523, paragraph 1 and M/s. Madan and Co. v. Wazir Jaivir

Chand, reported in AIR 1989 SC 630, paragraph-6.

4. We require appellant to serve website copy of this order on

learned advocate, who had represented respondent in the Family

Court. The acknowledgement is to be filed on adjourned date.

5. List on 2nd December, 2024.

(Arindam Sinha) Judge

(M.S. Sahoo) Judge

Authentication