Citation : 2026 Latest Caselaw 2037 Ori
Judgement Date : 7 March, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No.491 of 2025
Arabinda Biswal .... Appellant
Represented By Adv.-
Mr. Harmohan Dhal, Advocate
-versus-
Archana Padhi .... Respondent
Represented by Adv.-
MATA No.492 of 2025
Arabinda Biswal .... Appellant
Represented By Adv.-
Mr. Harmohan Dhal, Advocate
-versus-
Archana Padhi .... Respondent
Represented by Adv.-
CORAM:
THE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
AND
THE HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
ORDER
07.03.2026 Order No. (Hybrid mode)
01. 1. Heard Mr. Harmohan Dhal, learned counsel appearing for the appellant-husband.
2. The respondent-wife as petitioner filed Civil Proceeding No.170 of 2022 under Section 25(i)(iii) of the Special Marriage
Act, 1954 (hereinafter, 'the Act') before the learned Judge, Family Court, Cuttack seeking a declaration of nullity of her marriage with the appellant-husband.
3. On the other hand, the appellant-husband as petitioner preferred Civil Proceeding No.225 of 2023 under Section 22 of the Act before the learned Judge, Family Court, Cuttack for restitution of conjugal rights with his wife, i.e., the present respondent.
4. After hearing both the parties, by a common judgment dated 15.11.2025, the learned Judge, Family Court, Cuttack allowed the Civil Proceeding No.170 of 2022 preferred by the respondent-wife and dismissed the Civil Proceeding No.225 of 2023 preferred by the appellant-husband.
5. Aggrieved with the impugned common judgment dated 15.11.2025, the appellant-husband has preferred the two appeals (i) MATA No.491 of 2025 against his wife for allowing the C.P. No.170 of 2022 that was preferred by the respondent-wife and (ii) MATA No.492 of 2025, for dismissing his C.P. No.225 of 2023.
6. Issue notice to the sole respondent-wife in both the appeals in both of her addresses, i.e., in her present residential address as well as in her permanent residence, along with this order.
7. Requisites for issuance of notice by Speed Post with registration and proof of delivery shall be filed in both the
appeals within the next five working days. Notices are returnable by eight weeks.
8. List this matter after due service of notice upon the respondent-wife.
9. Liberty to mention.
(Manash Ranjan Pathak) Judge
(Murahari Sri Raman) Judge Rabindra/Ranjeeta
Signed by: RABINDRA KUMAR MISHRA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 07-Mar-2026 16:23:58
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