Purna Chandra Nayak vs Smt. Chandrakanti Panda
2025 Latest Caselaw 4080 Ori

Orissa High Court

Purna Chandra Nayak vs Smt. Chandrakanti Panda on 17 February, 2025

Bench: B. P. Routray, Chittaranjan Dash

Signature Not Verified
Digitally Signed
Signed by: MANAS KUMAR PANDA
Designation: Personal Assistant
Reason: Authentication
Location: OHC, Cuttack
Date: 18-Feb-2025 10:51:04



                                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                              MATA No.27 of 2022
                           Purna Chandra Nayak                         ....           Appellant
                                  Ms. S.S. Mishra on behalf of Mr. S.K. Mishra, Advocate
                                                     -versus-
                           Smt. Chandrakanti Panda                 ....        Respondent
                                                           Mr. J.K. Mahapatra, Advocate
                                    CORAM:
                                    JUSTICE B. P. ROUTRAY
                                    JUSTICE CHITTARANJAN DASH
                                                      ORDER

17.2.2025 Order No.

08. 1. Heard Ms. S.S. Mishra, learned counsel for the Appellant and Mr. J.K. Mahapatra, learned counsel for the Respondent.

2. The judgment dated 3rd November, 2021 of learned Judge, Family Court, Jajpur passed in Civil Proceeding No.213 of 2019, has been assailed in the present appeal.

3. The learned Judge, Family Court has dismissed the civil proceeding on the ground of territorial jurisdiction. According to the findings of learned Family Judge, the parties neither solemnized their marriage within the territorial jurisdiction of the Court nor the Respondent - wife resided there at the time of presentation of the petition nor the parties last resided together within the it's jurisdiction. Having a detailed analysis on the cause of action with regard to territorial jurisdiction of the Court, learned Family Judge has refused to hold jurisdiction in its favour.

4. The Appellant - husband, who was the Petitioner before the Family Court, also fails before this court in appeal to point out

Designation: Personal Assistant

such cause of action in his favour within the scope of Section 19 of the Hindu Marriage Act to satisfy territorial jurisdiction on the part of learned Judge, Family Court, Jajpur. As such, we are inclined to confirm the findings of learned Family Court.

5. Resultantly, the appeal is dismissed.

(B.P. Routray) Judge

(Chittaranjan Dash) Judge M.K.Panda