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M. S. SAHOO, ARINDAM SINHA
Parthasarathi Ojha – Appellant
Versus
Nisha Moharana – Respondent
JUDGMENT
Arindam Sinha, J.
Mr. Nayak, learned advocate appears on behalf of appellant-husband and presses for hearing of the appeal. He submits, his client is the husband, whose case for divorce was rejected by the family Court. The rejection was in spite of respondent-wife having filed application with prayer to allow the civil proceeding, to dissolve the marriage by decree of divorce on direction for petitioner to return admitted dowry articles and refund dowry amount of Rs. 4,60,000/-. He submits further, respondent-wife has since re-married.
2. In the appeal, respondent-wife was represented for a while by learned advocate, who since obtained leave to retire on no instruction from her. We reproduce below paragraph 3 from order dated 23rd November, 2023 and paragraphs 2 and 3 from order dated 13th December, 2023, are reproduced below.
Order dated 23rd November, 2023
'3. Mr. Debata submits, he does not have instruction on his client having remarried. His instructions are his client had conceded for the marriage being dissolved upon permanent alimony directed.
His client is consistent with her stand before this Court as well.
Order dated 13th December, 2023 2. Mr. Debata, learned advoca
The necessity of including a paramour in divorce proceedings can be dispensed with under certain circumstances, emphasizing that procedural rules should not obstruct the pursuit of justice.
Where husband alleges adultery and dissolution of marriage under clause (i) in Section 13(1) of Hindu Marriage Act, 1955, he cannot be said to have right of relief against paramour.
Technicalities of non-joinder of a paramour do not impede the adjudication of divorce claims on grounds of cruelty, emphasizing substantive justice in family law proceedings.
Judgment on admission – Decree under Order 12 Rule 6 of CPC can be made only if there is unequivocal admission of facts by party without reserving any rights.
A divorce petition can proceed without adding an alleged adulterer as a party unless the decree specifically seeks to address adultery as a ground for divorce.
Divorce – Merely because proceeding has been ordered to be decided ex parte, does not mean that proceeding has to be decreed automatically.
The court established that in divorce proceedings under the Hindu Marriage Act, the absence of the respondent and credible allegations of cruelty justify the dissolution of marriage, applying a stand....
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