Bibekananda Swain vs Silparani Rout
2025 Latest Caselaw 2100 Ori

Orissa High Court

Bibekananda Swain vs Silparani Rout on 6 January, 2025

Bench: Arindam Sinha, M.S. Sahoo

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 MATA No.25 of 2024
            Bibekananda Swain                          ....               Appellant
                                                              Represented by Adv.-
                                                       Mr. A.K. Mohanty, Advocate
                                            -versus-
            Silparani Rout                             ....             Respondent
                                                              Represented by Adv.-

                                                        Mr. A.K. Sharma, Advocate

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

06.01.2025 Order No.

05. 1. Mr. Mohanty, learned advocate appears on behalf of

appellant-husband and submits, impugned is judgment dated 5th

November, 2022 made by the Family Court dismissing his client's

petition for dissolution of the marriage. Said Court erred on facts and

in law. The judgment be reversed in appeal. More so, because in the

mediation referred by us, the mediator recorded that both parties were

unwilling to stay together. Therefore, the marriage has broken down.

His client wants to move on.

2. Mr. Sharma, learned advocate appears on behalf of

respondent-wife and submits, there has been suppression inasmuch as

a baby boy was born to the couple on 10th May, 2020. Appellant had

no case. Mischievously summons was sent to the matrimonial address

and his client did not receive it because she was in her parents' house.

The Court proceeded ex-parte against his client and still dismissed the

petition. The appeal also be dismissed.

3. On query from Court Mr. Sharma submits, he will take

instructions regarding quantum of permanent alimony if will be

agreed to by his client, for joining to file for divorce by mutual

consent. Mr. Mohanty likewise submits.

4. We have perused the petition. Appellant and his father

deposed in support of it. So, we made our queries to the parties.

5. List under heading 'To Be Mentioned' on 13th January, 2025

for parties to inform us their intentions.

                                                                        ( Arindam Sinha )
                                                                              Judge


Signed by: PRASANT KUMAR SAHOO
Designation: PERSONAL ASSISTANT
Reason: Authentication                                                   ( M.S. Sahoo )
Location: Orissa High Court
Date: 06-Jan-2025 19:14:11                                                   Judge
              Prasant