Durga v. Lakshman
Case brief
What is this about?
This is a second appeal by a woman challenging a decree declaring she is not the legally married wife of her husband. The High Court dismissed the appeal, upholding the lower courts' finding that she failed to substantiate the caste and marital ceremony claims required for a legally recognized marriage.
What did the court decide?
The second appeal is dismissed; no order as to costs.
What the court decided
HIGH COURT OF ORISSA: CUTTACK
S.A. No.180 of 1998
From the judgment and decree dated 1.5.98 and 13.5.98 respectively passed by Sri U.S. Mishra, learned District Judge, Sambalpur in T.A. No.8 of 1997 confirming the judgment and decree dated 8.1.97 and 24.1.97 respectively passed by Shri A.M. Das, learned Civil Judge (Jr. Divn.), Sambalpur in T.S. No.77 of 1988.
Durga Dakua ….….…..…… Appellant ---versus— Lakshman Dakua ……..………… Respondent
For Appellant : Mr. Budhiram Das, Advocate For Respondent : None
J U D G M E N T
P R E S E N T:
THE HON’BLE DR. JUSTICE A.K. RATH
---------------------------------------------------------------------------Date of Hearing :24.04.2018 │ Date of Judgment:02.05.2018 ---------------------------------------------------------------------------- Dr. A.K. Rath, J. This is a defendant’s appeal against confirming judgment.
02. Plaintiff-respondent instituted the suit for declaration that the defendant is not his married wife. The case of the plaintiff was that the defendant had filed Crl. Misc. Case No.205 of 1984 before the learned S.D.J.M., Sambalpur under Sec.125 Cr.P.C. for maintenance against him. In the said case, the defendant alleged that she married to the plaintiff on 9.12.81. The case having been allowed, he filed revision before the learned Additional Sessions Judge, Sambalpur, which was dismissed. According to the plaintiff, he is a ‘Barbar’ by caste and the defendant is ‘Ganda’ by caste. The
Issues for consideration
2 issues framed by the court
Whether the appellant is the legally married wife of the respondent?
Whether there are any grounds to interfere with the concurrent findings of fact by the courts below that the appellant is not legally married to the respondent?
Parties & counsel
- appellant
Durga Dakua
- respondent
Lakshman Dakua
Coram
Dr. A.K. Rath
Case details
As recorded by the court registry
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