Subhashis Dash vs Pragyan Parimita Sar
2025 Latest Caselaw 2769 Ori

Orissa High Court

Subhashis Dash vs Pragyan Parimita Sar on 20 January, 2025

Bench: Arindam Sinha, M.S. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                                MATA No.203 of 2022


            Subhashis Dash                          ....           Appellant

                                                      Represented By Adv. -
                                                   Mr. M.K. Panda, Advocate
                                       -versus-

            Pragyan Parimita Sar                    ....          Respondent
                                                      Represented By Adv. -
                                                  Ms. S. Mohapatra, Advocate
                               CORAM:
              THE HON'BLE MR. JUSTICE ARINDAM SINHA,
                      ACTING CHIEF JUSTICE
                                          AND
                   THE HON'BLE MR. JUSTICE M.S. SAHOO
                                        ORDER

20.01.2025 Order No.

09.

1. The matrimonial appeal was earlier heard on 18th September,

2024. Mr. Panda, learned advocate had appeared on behalf of

appellant and made his submissions. Ms. Mohapatra, learned

advocate appeared on behalf of respondent, pursuant to request

made by Court to her, to do so pro bono. Reproduced below are

paragraphs 2 to 4 from order dated 6th December, 2023 made by the

earlier Bench, to which one of us was party (Arindam Sinha, J.).

"2. None had appeared on behalf of respondent-wife on 21st November, 2023 when we had adjourned the appeal. Today respondent-wife virtually appears in person. On query from Court she submits, due to financial constraints she could not continue to be represented by the learned advocates engaged by her. She submits, she will appear personally. On further query from Court regarding legal assistance she submits, it would be very good for her.

3. We have requested Ms. Saswati Mohapatra to appear pro bono on behalf of respondent-wife. She has graciously said yes. Accordingly she is appointed amicus curiae.

4. Respondent-wife is directed to obtain assistance from virtual High Court establishment in the Dhenkanal Court for establishing communication with Ms. Mohapatra. The Department will make copies of the appeal papers and the lower Court record to make it available to Ms. Mohapatra."

2. Upon hearing the parties we had observed that appellant had

not made out ground of desertion. However, there had been long

separation since 18th May, 2018. Togetherness was between January

and May, 2018. Appellant was seeking dissolution of the marriage.

Considering the Supreme Court in Samar Ghosh v. Jaya Ghosh,

reported in (2007) 4 SCC 511 and given instance (xiv) under

paragraph 101 of long separation as may amount to an instance of

cruelty, we had observed that could be a ground in favour of

appellant provided he tenders ₹35,00,000/- as permanent alimony

for maintenance of respondent and the son.

3. Today Mr. Panda informs us, he has no instruction. He seeks

leave to retire. In the circumstances, we are not called upon to find

whether in this case, long separation can amount to mental cruelty.

Incidentally, we have seen that respondent-wife has not made any

complaint nor caused initiation of police case against appellant.

4. Leave to retire is granted to Mr. Panda. We record our deep

appreciation of Ms. Mohapatra having taken pains to represent

respondent-wife.

5. Impugned judgment is confirmed. The appeal is dismissed.

                                                                   (Arindam Sinha)
                                                                  Acting Chief Justice



Signed by: JYOTIPRAVA BHOL                                            (M.S. Sahoo)

Reason: Authentication                                                   Judge
Location: HIGH COURT OF ORISSA
Date: 21-Jan-2025 10:32:45



            Jyoti