An appeal against a Family Court decree dissolving a marriage was dismissed as not maintainable under the Family Courts Act and barred by delay, with the court refusing to adjudicate on the anterior date of the divorce or the validity of a divorce agreement.
Appeal against divorce decree dismissed; registry directed to prepare decree.
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IN THE HIGH COURT OF ORISSA AT CUTTACK MATA No.63 of 2023
Parbati Sahoo
.. .… Appellant Ms. J. Rath, Advocate
-versus-
Dillip Kumar Pal … Respondent
CORAM:
JUSTICE S. TALAPATRA JUSTICE SAVITRI RATHO
ORDER
09.05.2023
Order No.
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husband, he filed one suit under Sections 18 and 20 of Hindu Adoptions and Maintenance Act being C.P. No.404 of 2011 in which the Judge, Family Court, Bhubaneswar awarded a monthly maintenance to the tune of Rs.2,000/- and Rs.1,00,000/- in favour of the daughter of the Appellant. Later the Respondent filed a appeal before this Court being MATA No.33 of 2016 challenging the said order of maintenance dated 01.08.2011. By the order dated 06.08.2019, the order of maintenance was set aside by this Court on the statement made by the daughter that she did not require any maintenance at all. The Respondent filed the suit seeking the dissolution of marriage by disclosing the fact that on 29.12.1993, the agreement of divorce has struck between the parties. The Civil Judge, Senior Division held that the relationship between the parties has broken down and there is no possibility of reconciliation between them. On the ground of cruelty and desertion for a prolonged period of time, which is about 22 years, the impugned judgment has been passed dissolving the marriage.
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“15. That the 2nd husband namely Laxman Marandi, who is the petitioner in CrlMP No.2212/2021 trying to utilize this order to cheat the petitioner and saying for her 1st husband has given divorce in the year 2022. So, his marriage which has been solemnized with the petitioner before the temple Goddess Maa Biraja Temple on 17.10.2009 is null and void and he has also filed the petition U/S-11 r/w section-5 (1) of Hindu Marriage Act, 1955 for the decree of nullity of the marriage.”
Faced with such situation, the Appellant has approached this Court praying to set aside the decree of divorce. This appeal is not maintainable as against the judgment and order passed by the Civil Judge, Senior Division, no appeal can lie under Section 19(1) of the Family Courts Act. That apart, the appeal is barred by delay of 151 days and there is no application containing good causes for condoning the delay.
LITARAM Digitally signed by LITARAM MURMU MURMU Date: 2023.05.09 19:22:05 +05'30'
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(Savitri Ratho)
Judge
3 issues framed by the court
Whether an appeal lies against a decree of dissolution of marriage under Section 19(1) of the Family Courts Act.
Whether the appeal is barred by the delay of 151 days without condonation.
Whether the disputed effect of the divorce date from an anterior date is within the scope of this matrimonial appeal.
1 provisions across 1 enactments
Parbati Sahoo
Dillip Kumar Pal
S. Talapatra
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
