Citation : 2025 Latest Caselaw 6382 Ori
Judgement Date : 30 June, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No.21 of 2021
Dr. Ajay Mohapatra .... Appellant
Represented By Adv. -
Ms. G. Das, Advocate
-versus-
Soumya Mohanty .... Respondent
Represented By Adv. -
Ms. Susama Rani Sahoo, Advocate
CORAM:
JUSTICE DIXIT KRISHNA SHRIPAD
JUSTICE M.S. SAHOO
ORDER
30.06.2025 Order No.
07.
1. The challenge is to the ex-parte judgement and decree of
dissolution of marriage between the parties. After service of notice
and on the advice of both the learned counsel appearing for the
parties, a happy settlement has been arrived at by the estranged
couple and accordingly a joint affidavit is filed by them which reads
as under:
"We, 1) Dr. Ajay Mohapatra, the appellant/husband, aged about 51 years, S/0.Biranchi Narayan Mohapatra, 2) Smt. Soumya Mohanty, the Respondent/Wife, aged about 46 years, W/o. Dr. Ajay Mohapatra, D/o. Late Dr. Subash Chandra Mohanty, both are presently residing At-Friends Colony, PO-
Buxibazar, PS-Mangalabag, Town/Dist-Cuttack, do hereby solemnly affirm and state as follows:-
1. That, our marriage was solemnized on 06.07.1999 in the temple of Lord Shree Jagannath at Puri as per Hindu rites and customs and thereafter we are leading a happy conjugal life for 20 years.
2. That, we have been blessed with a son namely Soham Mohapatra on 20.09.2003 out of our wedlock.
3. That, in the meantime differences between us have been amicably resolved and we are residing together happily with our son.
4. That, we are filing this affidavit out of our free will and volition.
5. That, in the above circumstances, the judgment and decree passed on 15.02.2021 in C.P. No.319 of 2019 by the learned Judge, Family Court, Cuttack may kindly be set-aside, so as to enable us to lead a happy conjugal life with our son.
6. That the facts stated above are true to the best of our knowledge and belief."
Both the appellant-husband and respondent-wife are
smilingly present in the Court Hall personally. They have a major
son prosecuting his studies in the medical college.
2. We had a short interaction with the parties who are
personally present before the Court and they say that the settlement
is bona fide. There is no reason to doubt such a settlement which is
happily coming to put an end to this litigation once for all. This is a
really appreciable.
In the above circumstances, the appeal in MATA No.21 of
2021 is hereby decreed in terms of joint settlement/compromise and
as a consequence the impugned judgment and decree of the Court
below are set at naught. This Court wishes all the best to the couple
and to their son also.
3. The appeal is disposed of.
(Dixit Krishna Shripad) Judge
(M. S. Sahoo) Judge
Jyostna
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