Smt. Sandhya Rani Sahoo @ Mohanty vs Smt. Anusaya Mohanty
2025 Latest Caselaw 5041 Ori

Orissa High Court

Smt. Sandhya Rani Sahoo @ Mohanty vs Smt. Anusaya Mohanty on 17 March, 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-Mar-2025 17:14:34



                                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                  MATA No.4 of 2024

                             Smt. Sandhya Rani Sahoo @ Mohanty             ....         Appellant
                                                                       Mr. B. Baug, Sr. Advocate
                                                            -versus-
                             Smt. Anusaya Mohanty                           ....       Respondent
                                                                       Mr. S.S. Bhuyan, Advocate

                                          CORAM:
                                           JUSTICE B. P. ROUTRAY
                                           JUSTICE CHITTARANJAN DASH
                                                          ORDER

17.3.2025 Order No.

05. 1. Heard Mr. B. Baug, learned senior counsel for the Appellant and Mr. S.S. Bhuyan, learned counsel for the Respondent.

2. In this Appeal the issues relates to declaration of status of parties as first wife and second wife of one Kailash Chandra Mohanty who died on 12th July, 2012.

3. Mr. Baug, learned senior counsel assailing the impugned judgment confined his arguments on 3 issues which are as follows:-

i) that the prayer of the Plaintiff for declaration of her marital status is not maintainable before the learned Judge, Family Court as she is required to approach under Section 34 of the Specific Relief Act. Thus, the suit before the learned Judge, Family court under Section 7 of the Family Court's Act is not maintainable;

Designation: Personal Assistant

ii) that the suit of the Plaintiff before the learned Judge, Family Court is barred by limitation being filed more than 3 years after death of the husband; and

iii) that direction of the learned Judge, Family Court depriving the issues born out of the Defendant (Second Wife) from the properties of late Kailash Chandra Mohanty is violative of Section 16 of the Hindu Marriage Act.

4. Hearing is concluded. Judgment is reserved. The parties are at liberty to file their written note of submissions along with citations, if any, within three days from today.

(B.P. Routray) Judge

(Chittaranjan Dash) Judge M.K.Panda