Sujata Behera vs Dr. Babaji Charan Barik
2025 Latest Caselaw 9802 Ori

Orissa High Court

Sujata Behera vs Dr. Babaji Charan Barik on 10 November, 2025

Author: Mruganka Sekhar Sahoo

Bench: Mruganka Sekhar Sahoo

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 MATA No.379 of 2025
            Sujata Behera                            ....            Appellant

                                                        Represented By Adv. -
                                                    Mr. A.K. Mishra, Advocate
                                         -versus-

            Dr. Babaji Charan Barik                  ....           Respondent
                                                       Represented By Adv. -



                            CORAM:
                            JUSTICE MANASH RANJAN PATHAK
                            JUSTICE MRUGANKA SEKHAR SAHOO

                                          ORDER

10.11.2025 (Hybrid Mode) Order No.

01. 1. The appellant-wife is before this Court challenging the judgment and decree dated 11.09.2025 passed by the learned Judge, Family Court, Bhubaneswar in C.P. No.684 of 2015. By the said judgment and decree the petition filed by the respondent-husband U/s/13 of the Hindu Marriage Act has been allowed.

2. It is submitted that the learned Court has not considered the material on record as well as evidence adduced by the parties to arrive at a conclusion granting divorce thereby dissolving the marriage solemnized between the parties on 27.05.2011. It is also submitted that from the marriage a child was born on 14.11.2015.

3. Issue notice along with this order.

Requisites for issuance of notice by speed post with A.D. shall be filed within five working days.

4. List after S.R. Liberty to mention.

5. Heard learned counsel for the appellant.

6. The I.A. has been filed for stay of operation of the impugned judgment and decree dated 11.09.2025 passed in CP No.684 of 2015. Since there is no delay in filing of the appeal the bar contained in Section 15 in the Hindu Marriage Act, 1955 regarding the respondent-husband getting married again during pendency of this appeal shall operate.

It is further directed that the respondent-husband shall not enter into any marriage during pendency of this appeal.

7. List after S.R. Liberty to mention.

(Manash Ranjan Pathak) Judge

(Mruganka Sekhar Sahoo) Judge Radha