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Orissa High Court
Niharika Biswal vs Parthasarathi Samal .... Opposite ... on 16 December, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.1258 of 2025
Niharika Biswal .... Petitioner
Mr. D. Mohanty, Adv.
-versus-
Parthasarathi Samal .... Opposite Party
Mr. S. K. Das, Adv.
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
16.12.2025
Order No.
08. This matter is taken up through hybrid mode.
2. Learned Counsel for the parties are present.
3. Pursuant to order dated 12.12.2025, an Affidavit has
been filed by the mother of the Opposite Party-husband
enclosing thereto judgment dated 24.10.2025 passed by
the Superior Court, State of Connecticut vide docket
number HHBFA245036927S for dissolution of marriage. It
is revealed from the said Judgment that a Separation
Agreement between the parties forms part of the said
Judgment.
4. Articles-21 & 26 of the said Separation Agreement,
which forms part of the said judgment, being relevant, are
extracted below:
"ARTICLE 21- INCORPORATION OF
AGREEMENT INTO DECREE:
In the event that either the plaintiff
wife or the defendant husband shall hereafter
be granted a decree, judgment or order of
divorce or dissolution of marriage from the other
by any Court of competent jurisdiction, the
plaintiff wife and the defendant husband agree
to join in requesting the Court having
jurisdiction of such proceedings to approve this
agreement and incorporates specifically all or
part of the same and the Court's approval
thereof in its decree, and this agreement shall
merge into any such decree."
"ARTICLE 26 - PENDING DISSOLUTION OF
MARRIAGE CASE IN INDIA:
The parties agree that they shall resolve the
husband's pending dissolution of marriage case
in India by requesting that the Indian Court
solely order the parties' marriage dissolved" and
that the parties shall be bound by the terms of
this judgment regarding all issues including but
not limited to the custody and property division
issues. Both parties agree that they shah make
no claim to the others property located in India
and shall hold each other harmless with respect
to any property owned by the other party in
India."
5. From the materials placed on record, it is evident that
the judgment of the Superior Court, the State of
Connecticut has been rendered by a Court of competent
jurisdiction, to which both parties had consciously and
voluntarily submitted, and that the adjudication is also
founded upon such submission and mutual consent of
both the parties.
6. In view of the admitted fact that both the parties
have submitted to the jurisdiction of the Superior Court,
State of Connecticut for dissolution of marriage and have
resolved their disputes and differences amicably by
entering into a separation agreement executed on 24th
October,2025, so also the law laid down by the Supreme
Court in Y. Narasimha Rao v. Y. Venkata Lakshmi,
(1991) 3 SCC 451, the writ petition stands disposed of .
7. The parties are directed to act in terms of the said
Judgment of the Superior Court so also agreement and
take necessary steps before the learned Judge, Family
Court, Rourkela in C.P. No.290 of 2023 in accordance with
law.
8. It is made clear that, the learned Court below shall
further proceed in C.P. No.290 of 2023 and pass
appropriate orders in consonance with the settled position
of law, as held by the Supreme Court in Y. Narasimha
Rao (supra).
9. Interim order, if any, stands vacated.
10. Urgent certified copy be granted on proper
application as per rules.
(S.K. Mishra)
Judge
Mona
Location: High Court of Orissa
