Pritanshu Priyadarshini Biswal vs Sobhan Kumar Sahu
2025 Latest Caselaw 10433 Ori

Orissa High Court

Pritanshu Priyadarshini Biswal vs Sobhan Kumar Sahu on 25 November, 2025

Author: Mruganka Sekhar Sahoo

Bench: Mruganka Sekhar Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                                MATA No. 388 of 2023

            Pritanshu Priyadarshini Biswal             ....              Appellant
                                                          Represented by Adv.-
                                                     Mr. B.P. Pradhan, Advocate
                                          -Versus-
            Sobhan Kumar Sahu                          ....           Respondent
                                                          Represented by Adv._
                                                 Mr. S.K. Sarangi, Sr. Advocate
                                              with Mr. S.P. Satapathy, Advocate

                               CORAM:
             HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
                                AND
            HON'BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO

                                          ORDER

Order No.                                25.11.2025
                                       (Hybrid mode)
  11.        1.      Heard learned counsel for the parties.

2. The appellant-wife is before this Court challenging the judgment and order dated 01.03.2023 passed by the learned Judge, Family Court, Bhubaneswar in C.P. No.423 of 2016 under Section 32 of the Divorce Act, 1869. The said petition was filed by the husband seeking restitution of conjugal rights.

3. After notices were issued, the respondent-husband has appeared. On several dates, the matter was listed. On certain dates, the parties were present in person and were also heard. Paragraph- 2 of the order dated 18.11.2025 reads thus:-

"It is stated at the Bar by the learned counsel for the respondent that in a positive development the respondent does not want to resist the challenge as far

as the order for restitution of conjugal rights is concerned."

4. Today affidavit of date is filed sworn to jointly by both the parties, i.e., appellant-wife and respondent-husband in the marriage. We do not want to reproduce the contents of the said affidavit inasmuch as the husband wants not to press the prayer regarding restitution of conjugal rights, which is resisted by the wife. Suffice it to say that the husband does not resist the challenge to the judgment and decree dated 01.03.2023.

5. Since the respondent-husband is not resisting the appeal, the appeal is allowed and the judgment and decree dated 01.03.2023 passed by the learned Judge, Family Court, Bhubaneswar in C.P. No.423 of 2016 is set aside as it had directed for restitution of conjugal rights between the parties.

Modified decree be drawn accordingly.

6. The MATA accordingly stands disposed of.

Issue urgent certified copy as per rules.

Copy of this order shall be produced forwarded by the Registry to the learned Judge, Family Court, Bhubaneswar to be kept on records of C.P. No.423 of 2016.

(Manash Ranjan Pathak) Judge

Judge

Location: HIGH COURT OF ORISSA Date: 27-Nov-2025 10:29:24 Manoj/Ranjeeta