Amarendra Samal vs Sunita Das @ Samal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Ori) 137

IN THE HIGH COURT OF ORISSA AT CUTTACK
ARINDAM SINHA, M.S.SAHOO
Amarendra Samal – Appellant
Versus
Sunita Das @ Samal – Respondent

Advocates Appeared:
For the Appellant :Mr. S. Chakravarty, Advocate

Table of Content
1. appeal filed against family court judgment. (Para 1 , 2)
2. grounds for mental cruelty established. (Para 3 , 4 , 5 , 6)
3. false allegations constitute mental cruelty. (Para 7)
4. divorce granted on grounds of cruelty. (Para 8)
5. appeal allowed and disposed of. (Para 9)

JUDGMENT :

1. Mr. Chakravarty, learned advocate appears on behalf of appellant-husband and submits, the appeal be heard. His client is aggrieved by judgment dated 7th February, 2023 of the Family Court dismissing his petition for dissolution of the marriage, while directing Rs.10,000/- per month as maintenance for respondent-wife and Rs.4,000/- per month for the minor son.

“2. We reproduce below the direction from said order dated 2nd April, 2024.

Registrar Civil Court, Balasore has by letter dated 22nd April, 2024 said there was due service. We find the learned advocate served had made endorsement in acknowledging receipt on 22nd April, 2024. We reproduce below the endorsement.

… … …”

4. He relies on judgment of the Supreme Court in K. Srinivas Rao v. D.A. Deepa , reported in AIR (2013) SC 2176, paragraph 14, reproduced below.

(emphasis supplied)

5. He then relies on Narendra v. K. Meena , reported in (20