Ramesh Chandra Samal vs Jayshree Biswal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Ori) 254

IN THE HIGH COURT OF ORISSA AT CUTTACK
S.TALAPATRA, SAVITRI RATHO
Ramesh Chandra Samal – Appellant
Versus
Jayshree Biswal – Respondent

Advocates Appeared:
For the Appellant :Mr. R.C.Nayak, Advocate on behalf of Mr.A.K.Mohapatra, Advocate
For the Respondent:Mr. A.N.Pattanaik, Advocate

Table of Content
1. factual background of marriage and attempts at reconciliation. (Para 2 , 3)
2. allegations of cruelty and divorce petition details. (Para 4 , 5)
3. issues framed by the family court. (Para 6)
4. arguments by appellant and spouse's allegations. (Para 8 , 9)
5. respondent's counterarguments and request for alimony. (Para 10)
6. analysis of credibility of witnesses and merits of claims. (Para 12 , 15 , 16)
7. court's reasoning on allegations and evidence review. (Para 18 , 19 , 20)
8. court's analysis of desertion and cruelty. (Para 21 , 22)
9. conclusion on cruelty and irretrievable breakdown of marriage. (Para 23)
10. court orders regarding divorce and alimony. (Para 24 , 25)
11. final decree of divorce and terms set forth. (Para 26)

JUDGMENT :

Before proceeding to deliver the judgment in this case, we deem it apposite to quote an observation of the Supreme Court in the case of N.G. Dastane v. S. Dastane reported in (1975) 2 SC 326 : which very aptly describes the situation which a Court deciding a matrimonial dispute has to often deal with, which is as follows:

2. This appeal has been filed by the husband under Section – 19 of the Family Courts Act, challenging the judgment