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2023 Supreme(Ori) 195

ARINDAM SINHA, SIBO SANKAR MISHRA
Deepak Padhi – Appellant
Versus
Gayatri Panda – Respondent


Advocates:
Ms. Deepali Mohapatra, Advocate, for the Appellant; Mr. Sidharth Mishra, Advocate, for the Respondent.

JUDGMENT

Arindam Sinha, J

The matrimonial appeal is at instance of the husband. It was taken up for hearing yesterday, when we perused the materials in the lower Court record. We adjourned the hearing on prayer of Mr. Mishra, learned advocate appearing for respondent-wife and fixed it today. We had requested Ms. Mohapatra, learned advocate appearing on behalf of appellant-husband to prepare a chart regarding her submission on the course taken by the matrimonial proceeding before the Court below, pursuant to her client's petition being struck off and thereupon restored on payment of arrear maintenance. Mr. Mishra was requested to point out from the written statement his client having said that the marriage was consummated.

2. Regarding course taken by the matrimonial proceeding in the Court below on, inter alia, the husband's petition struck down, the sequence of events began with a negotiated marriage solemnized on 5th December, 2003. Appellant-husband had alleged that respondent- wife left his Kolkata residence with her parents without his consent, firstly on 15th January, 2004 and later, on 29th May, 2004. On 22nd June, 2006 appellant-husband filed for divorce before civil Judge (S

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