Anita Pradhan vs Sumanta Giri
2025 Latest Caselaw 3855 Ori

Orissa High Court

Anita Pradhan vs Sumanta Giri on 11 February, 2025

Bench: B. P. Routray, Chittaranjan Dash

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    MATA No. 239 of 2024

             Anita Pradhan                                ....         Appellant
                                                      Mr. A. Mohanta, Advocate
                                           -versus-
             Sumanta Giri                                 ....        Respondent
                                                         Mr. P.S. Das, Advocate


                         CORAM:
                         JUSTICE B. P. ROUTRAY
                         JUSTICE CHITTARANJAN DASH

                                        ORDER

11.02.2025 Order No.

03. 1. Heard learned counsel for the Parties.

2. The present Appeal is directed against the judgment and decree passed in favour of the husband under Section 9 of the Hindu Marriage Act for restitution of conjugal rights.

3. The wife is objecting restitution of conjugal rights in the present Appeal. Nevertheless, it is submitted that in the meantime, the husband has filed a petition for divorce before the learned Judge, Family Court, Keonjhar amounting to nullification of decree of restitution of conjugal rights, challenged in present Appeal.

4. It is further submitted by both Parties in course of hearing that they are not in favour of staying together or their reunion.

5. In view of the development that the husband has approached the learned Family Court in C.P. No.120 of 2024 praying for dissolution of marriage and grant of divorce, the Appeal is disposed of granting liberty to the Parties to contest in the said proceeding. The Appeal is accordingly disposed of.

(B.P. Routray) Judge

(Chittaranjan Dash) Judge

AKPradhan/Bijay