Dismissed

Prasanjit Padhi v. Maitri Satpathy

Orissa HC16 Dec 2022MATA/132/2018

Case brief

AI extract

What is this about?

In an appeal against a divorce decree, the High Court found no serious marital rift. The court directed the respondent wife to immediately resume conjugal life with the husband and ordered pending litigations between them to be withdrawn before the year end.

What did the court decide?

Direction to respondent wife to embrace appellant husband immediately in Court; pending litigations to be withdrawn by year end.

Prasanjit Padhi Vs Maitri Satpathy — Matrimonial and Divorce | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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MATA No. 132 of 2018

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Prasanjit Padhy @ Prasanjeet Padhi

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….. Appellant

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Mr. B.S. Rayaguru, Adv.

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Vs.

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Maitri Satpathy

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….. Respondent Mr. M.K. Dash, Adv.

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CORAM:

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JUSTICE S.TALAPATRA JUSTICE SAVITRI RATHO

ORDER

16.12.2022

Order No.

1. This matter is taken up through hybrid mode.

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Sri Prasanjeet Padhi, the Appellant-husband and Smt. Maitri Satpathy, the Respondent-wife are present in the proceeding in person.

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On account of matrimonial discord, a few litigations have cropped up between the parties.

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It is an admitted position that the appellant instituted matrimonial suit being Civil Proceeding No. 82 of 2016 seeking dissolution of marriage by a decree of divorce in the court of the Judge, Family Court, Bhubaneswar. Similarly, the respondent had instituted one complaint case under Section 12 of Protection of Women from Domestic Violence Act, which is pending in the Court of S.D.J.M., Bhubaneswar being ICC No.1573 of 2013.

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We could not locate any serious issue which may cause permanent fissure in their marital relation. The parties can still live their conjugal life peacefully burying the casual differences that

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prompted them to live separately.

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After considerable interaction, both the Appellant and the Respondent have spontaneously stated that they are ready to live together and restitute their conjugal life. Some apprehension has been expressed by the Appellant. This is natural on account of the long separation between the parties. We take note of it but feel that it will be short lived.

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As the parties are inclined to bury all the differences and to commence their conjugal lives, we direct the Respondent to join the company of the Appellant from this Court itself. We have taken advantage of the presence of Sri Santanu Kumar Satapathy, the father of the Respondent in the Court today. He has contributed immensely for their reunion. As a result of the collective effort of the counsel representing the parties, we are happy to note that the Appellant and the Respondent are going to be reunited and get back the warmth of their marital life. We appreciate their efforts.

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We further direct that the pending litigations between the parties should either be withdrawn or be declared not pressed in the concerned Courts before the year ends. This observation has been made on the basis of the statements made by the parties that they will not continue any litigation against each other.

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Hence, the Appeal stands dismissed, subject to the observation and direction as made above.

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Interlocutory Applications, if any pending, stands disposed of.

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The statement of the liabilities and resources filed by the Respondent is taken on record.

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Mr. B.S. Rayaguru, learned counsel has appeared for the Appellant and Mr. M.K. Dash, learned counsel has appeared for the Respondent.

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Urgent certified copy of this order be granted as per rules.

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(S.Talapatra) Judge

Sukanta

(Savitri Ratho)

Judge

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Prasanjit Padhi v. Maitri Satpathy

Case brief

What is this about?

What did the court decide?

Prasanjit Padhi v. Maitri Satpathy

Case brief

What is this about?

What did the court decide?

What the court decided

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