Jeshika Dash vs Biswa Ranjan Rath
2025 Latest Caselaw 5257 Ori

Orissa High Court

Jeshika Dash vs Biswa Ranjan Rath on 21 March, 2025

Bench: B.P. Routray, Chittaranjan Dash

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                              MATA No. 330 of 2023
                 Jeshika Dash               ....               Appellant
                                               Mr. S. Mishra, Advocate

                                        -versus-
                 Biswa Ranjan Rath                 ....      Respondent
                                             Mr. P. K. Nayak, Advocate

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

                                        ORDER

Order No.                              21.03.2025

  02.       1.      Heard learned counsel for the Parties.

2. Present appeal is directed against the impugned judgment dated 21st June 2023 passed by learned Judge, Family Court, Bhubaneswar in C.P. No.146 of 2022 wherein the decree of divorce has been granted in favour of the husband along with payment of permanent alimony to the tune of Rs.4,00,000/-(Rupees Four Lakhs only) by the husband.

3. In course of hearing, it is admitted that the wife could not file her written statement nor could adduce evidence on her behalf. She has also not cross- examined the witness of the Petitioner-husband.

4. Keeping in view such admitted fact that the wife has not been afforded opportunity to contest the case, we are inclined to set aside the impugned judgment.

5. The matter is remanded back to learned Judge, Family Court, Bhubaneswar in C.P. No.146 of 2022 to begin from the stage of filing of written statement. The parties present before us, are directed to appear before the learned Judge, Family Court, Bhubaneswar on 21st April 2025 along with the certified copy of this order and the learned Judge, Family Court, Bhubaneswar shall decide the Civil Proceeding afresh in accordance with law granting due opportunity of hearing to both parties.

6. Further the learned Judge, Family Court, Bhubaneswar shall put his endeavor to complete the proceeding within a period of six months from the date of appearance of the parties. It goes without saying that if the alimony amount as deposited by the husband in the mean time before learned Judge, Family Court, Bhubaneswar as submitted by him, the same shall be

returned to him along with accrued interest thereon, if any.

7. In the result the Appeal is allowed and the impugned judgment is set aside.

(B.P. Routray) Judge

(Chittaranjan Dash) Judge

Bijay/Sarbani