The Family Court allowed a respondent's application to set aside an ex parte divorce decree. The husband appealed. The High Court held the appeal not maintainable, quashing it while granting liberty to seek revision elsewhere.
The appeal is dismissed; the appellant is granted liberty to seek exclusion time if necessary and remedy in accordance with law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No.353 of 2024
Ashis Mohapatra
…. Appellant
Represented By Adv. – Mr. A. Pati, Advocate -versus- Madhumita Behera …. Respondent
Represented By Adv. – Mr. D.R. Mohapatra, Advocate
CORAM:
THE HON'BLE MR. JUSTICE ARINDAM SINHA
AND
THE HON'BLE MR. JUSTICE M.S. SAHOO
ORDER
06.11.2024
Order No.
02. 1. Mr. Pati, learned advocate appears on behalf of appellant, who
was husband in the marriage dissolved by ex parte judgment and decree dated 6th December, 2022 of the Family Court. Respondent had filed for setting it aside. By impugned order dated 27th July, 2024, the Family Court allowed the application. The appeal was preferred against said order.
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In the circumstances, his client does not want to prosecute the appeal on liberty granted to petition for remedy as available in law. Mr. Mohapatra, learned advocate appears on behalf of respondent.
(Arindam Sinha) Judge
(M.S. Sahoo) Judge
Jyoti
Signature Not Verified
Digitally Signed Signed by: JYOTIPRAVA BHOL Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 06-Nov-2024 17:46:49
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3 issues framed by the court
Whether the appeal filed by the husband challenging the Family Court order setting aside an ex parte decree is maintainable.
Whether the appellant entitlement to seek exclusion lies despite the dismissal of the appeal.
Whether the remedy under revision is permissible for the appellant who found the appeal not maintainable.
Ashis Mohapatra
Madhumita Behera
Arindam Sinha
M.S. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
