Bhenkat Raman Rana vs Menaka @ Payal Rana
2025 Latest Caselaw 2240 Ori

Orissa High Court

Bhenkat Raman Rana vs Menaka @ Payal Rana on 8 January, 2025

Bench: Arindam Sinha, M.S. Sahoo

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MATA No.252 of 2024
            Bhenkat Raman Rana                        ....                Appellant
                                                              Represented by Adv.-
                                                           Ms. R. Mishra, Advocate

                                           -versus-
            Menaka @ Payal Rana                       ....              Respondent
                                                              Represented by Adv.-
                                                      Mr. A.P. Thanapati, Advocate

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

08.01.2025 Order No.

03. 1. Ms. Mishra, learned advocate appears on behalf of appellant-

husband and submits, impugned judgment dated 30th April, 2024 of

the Family Court rejecting his petition for dissolution of the marriage

is erroneous, on facts and in law. Respondent-wife was cruel to her

client. Then on 18th May, 2019 she left him without his consent and

without reasonable cause. In the circumstances, her client is entitled

to declaration for dissolution of the marriage. The judgment be

reversed in appeal.

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

respondent-wife and submits, impugned judgment was made in

considering the facts and applicable law. The appeal is without merit

and should be dismissed.

3. Ms. Mishra hands up paper book prepared for our

convenience, with copy to Mr. Thanapati. We see from the petition,

allegations were made by appellant, inter alia, regarding her

insistence of wanting to stay separately with petitioner and

consequently to not look after his father. There are allegations that she

misbehaved with him. Appellant went on to say he got job, which

took him away from the matrimonial home. Respondent increased her

bad behaviour with his father. Then one day on 18th May, 2019,

respondent left the matrimonial home without his consent or

reasonable cause.

4. Respondent in her written statement asserted she had no

problem and was pulling on well with her father-in-law in the

matrimonial home. It is her brother-in-law (husband of appellant's

elder sister) who cast his evil eye on her. That is why she wanted to

be with appellant and his father, away from the brother-in-law. The

situation became intolerable and caused her to leave the matrimonial

home. We have also seen deposition in cross-examination of

respondent. No question was put to her regarding her allegations of

evil eye.

5. We have ascertained that the civil proceeding was filed on day

next from expiry of two years since 18th May, 2019. Ms. Mishra has

adjournment to persuade us on her client's case in the appeal.

6. List on 3rd February, 2025.

( Arindam Sinha ) Judge

( M.S. Sahoo ) Judge

Prasant

Signed by: PRASANT KUMAR SAHOO Designation: PERSONAL ASSISTANT Reason: Authentication Location: Orissa High Court Date: 09-Jan-2025 11:14:07