The High Court of Orissa considered an appeal where the appellant sought to challenge an order dismissing a restitution of conjugal rights petition. The court noted a subsequent divorce decree by mutual consent and dismissed the appeal accordingly.
None. Appeal dismissed as the marriage was dissolved by a divorce decree on mutual consent.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No.34 of 2015
Nihar Ranjan Dash …. ..… Appellant Mr. Nihar Ranjan Dash, (In Person)
-Versus- Sunita Sarangi ………… Respondent CORAM: JUSTICE S. TALAPATRA JUSTICE SAVITRI RATHO ORDER 18.04.2023 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Heard Mr. Nihar Ranjan Dash, the appellant appearing in person. 3. Mr. Dash, at the outset, has drawn our attention to the Judgment dated 02.02.2018 delivered in Civil Proceeding No.150 of 2017 by the Judge, Family Court, Puri. Pursuant to the said Judgment, the marriage that was subsisting between the parties has been dissolved by a decree of divorce on mutual consent, under Section 13 B of the Hindu Marriage Act, 1955. 4. In view of the above disclosure, we dismiss this appeal which has been filed for challenging the Judgment dated 22.01.2014
Order No.
2
delivered in Civil Proceeding No.29 of 2013, whereby the petition for restitution of conjugal rights was dismissed.
5. Registry is directed to draw the decree accordingly.
(Savitri Ratho)
Judge
Rati Ranjan
1 issue framed by the court
Whether the appeal against the order dismissing the restitution of conjugal rights should be allowed considering the subsequent divorce decree.
1 provisions across 1 enactments
Nihar Ranjan Dash
Sunita Sarangi
S. Talapatra
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
