Nalini Biswal vs Rakesh Parida
2025 Latest Caselaw 9288 Ori

Orissa High Court

Nalini Biswal vs Rakesh Parida on 23 October, 2025

Author: Mruganka Sekhar Sahoo

Bench: Mruganka Sekhar Sahoo

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                          MATA No. 249 of 2022
            Nalini Biswal               ....        Appellant

                                                        Represented By-
                                                 Mr. S. Swain, Advocate
                                      -versus-
            Rakesh Parida                        ....       Respondent

                                                      Represented By-
                                              Mr. B. L. Rath, Advocate
                      CORAM:
                      JUSTICE MANASH RANJAN PATHAK
                      JUSTICE MRUGANKA SEKHAR SAHOO
                                  ORDER

23.10.2025 (Hybrid Mode) Order No.

14.

1. Parties appear in person. The appellant-wife in the marriage and the respondent-husband.

They are identified by their respective counsel. Their identity proofs have also been verified at the entrance of the Court where they are required to produce their identity. We have interacted with the parties in the language they understand i.e. Odia. We have specifically asked the appellant-wife that whether she is comfortable to talk regarding her case in the open Court. She said that she will interact in the open Court.

2. The appeal has been filed by the wife in the marriage challenging refusal by the learned Judge, Family Court, Dhenkanal to grant decree of divorce by judgment and decree dated 22.08.2022 in CP No. 98 of 2019 that was filed by the appellant-wife U/s13(1) pf the Hindu Marriage Act, 1955.

3. After issuance of notice by this Court in appeal up to the order No.10 dated 05.05.2025 the respondent did not appear after notices were issued by the co-ordinate Bench by order dated 04.01.2023. Thereafter, upon issuance of notice through police by order No.11 dated 16.07.2025 the respondent has appeared through his counsel.

4. A joint affidavit sworn to by the parties dated 1.9.2025 has been filed before this Court wherein the following has been stated :

"9. That the parties have compromised all their disputes and have decided to seek divorce by mutual consent on the following terms:

a. The petitioners have agreed to dissolve the marriage without payment of any alimony to the deponent towards maintenance past and future for the deponent stridhan, dowry in whatever form, etc., and thereafter the both the deponents will have no right to lay any claim whatsoever on the person or any property of each other.

b. That the Appellant has agreed to withdraw all the cases she has filed against the Respondent and shall not press any further cases against the Respondent in all times to come.

1l. (sic 10)That the mutual consent has not been obtained by any force, fraud or undue influence.

12.That the petition has not been presented in collusion between us.

13. That there has not been any unnecessary or improper delay in filing this petition.

14.That there is no other legal ground why the relief should not be granted."

5. The wife-appellant submits before the Court that she has received ₹4 lakhs towards permanent alimony and has also received back her 'Stridhan'. The said facts have not been mentioned in the joint affidavit dated 01.09.2025.

6. Learned counsel for the parties seek and are granted time to file joint affidavit during course of the day.

The matter is passed over and shall be taken up after filing of the affidavit.

Later

7. The matter was passed over after it reached and was taken up and order was dictated in part. As stated by the parties appearing in person and their learned counsel, further joint affidavit dated 23.10.2025 is filed before the Court which is taken on record. Paragraph-9 of the said affidavit is reproduced herein:

"9. That the parties have compromised all their disputes and have decided to seek divorce by mutual consent on the following terms:

a. The Deponent No.1/Petitioner is now received an Amount of Rs. 4,00,000/- (Rupees Four Lakhs) only in cash from the Opp.party/deponent No.2 and the same cash has been receive on 22.07.2025 as towards permanent alimony and also received all the Stridhan, dowry, articles in whatever form, etc., and thereafter the both the deponents will have no right to lay any claim whatsoever on the person or any property of each other.

b. That the Appellant has agreed to withdraw all the cases she has filed against the Respondent and shall not press any further cases against the Respondent in all times to come."

8. As we have interacted with the appellant in person we have also asked her whether she has received Rs.4,00,000/- in cash from the respondent, Stridhan and other articles, she after understanding our question said that she has received as stated in the joint affidavit.

9. On being pointedly asked whether she is under any kind of influence/force/inconvenience to file the affidavits dated 01.09.2025 and 23.10.2025, she in very clear terms states that she is not under any kind of compulsion and has filed affidavit on her own free will and volition. The joint affidavits dated 01.09.2025 and 23.10.2025 were also shown to both the appellant and respondent. They stated that they have signed the affidavit after understanding the contents thereof. The appellant states that she is a graduate in Arts and after completing ANM course she now works as a Nurse in a private hospital at Dhenkanal.

10. We are satisfied that the parties have agreed for ending their matrimonial relationship though the judgment and decree dated 22.08.2022 passed by the learned Judge, Family Court the C.P. was dismissed on contest without granting dissolution of marriage as sought for.