Sagarika Behera vs Tapas Kumar Behera
2025 Latest Caselaw 5183 Ori

Orissa High Court

Sagarika Behera vs Tapas Kumar Behera on 20 March, 2025

Bench: B.P. Routray, Chittaranjan Dash

         IN THE HIGH COURT OF ORISSA AT CUTTACK
                            MATA No. 229 of 2023
              Sagarika Behera                   ....         Appellant
                                          Mr. P.K. Nayak, Advocate
                                     -versus-
              Tapas Kumar Behera                ....     Respondent
                                          Mr. H.P. Barah, Advocate
                            on behalf of Mr.B.P.B. Bahali, Advovate

                         CORAM:
          THE HON'BLE MR. JUSTICE B.P. ROUTRAY
       THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
                            ORDER

Order No.                  20.03.2025

 05.     1.      Heard learned counsel for the Parties.

2. Present Appeal is directed against the judgment dated 31st January 2023 of the learned Judge, Family Court, Baripada granting the prayer of the husband for restitution of conjugal right in favour of the husband.

3. In course of hearing, it is disclosed by Mr. Nayak, learned counsel for the wife-Appellant that in the meantime, a divorce proceeding in C.P. No.95 of 2024 has been filed by the wife before the learned Judge, Family Court, Baripada praying for dissolution of marriage under Section 13(1) of the Hindu Marriage Act, wherein the husband has already entered appearance and contesting.

4. In view of such development, we found that the present Appeal, which is directed against the decree of restitution of conjugal right has rendered infractuous.

5. As such, the Appeal is disposed of.

(B.P. Routray) Judge

(Chittaranjan Dash) Judge

Bijay/Sarbani

Location: HIGH COURT OF ORISSA