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IN THE HIGH COURT OF ORISSA AT CUTTACK
ARINDAM SINHA, M.S.SAHOO
Ramahari Naik – Appellant
Versus
Sujata Naik – Respondent
| Table of Content |
|---|
| 1. background facts of the case (Para 1 , 2) |
| 2. arguments regarding cruelty and jurisdiction (Para 3 , 4 , 5 , 6) |
| 3. court's analysis on jurisdiction and implications of the bar (Para 7 , 8 , 12 , 13 , 14) |
| 4. jurisdiction under family courts act and relation to hindu marriage act (Para 9 , 11) |
| 5. final decision on dissolution of marriage and directions (Para 15 , 16) |
JUDGMENT :
ARINDAM SINHA, J.
1. Mr. Agarwal, learned advocate appears on behalf of appellant-husband. He submits, his client is aggrieved by judgment dated 18th July, 2022 made by the family Court. By it there was order made for dismissal of the suit. According to him, the family Court erred in treating the suit as one carrying claim for dissolution of the marriage under provisions in Hindu Marriage Act, 1955. His client had invoked article 441 in Mulla’s Principles of Hindu Law, 13th Edition published by N. M. Tripathy, Private Limited, Bombay.
2. Appellant had invoked principles of Hindu Law because he had earlier filed for divorce invoking section 13 in the Act of 1955. The case was registered and numbered as Mat. Case no.118/295 of 2013-12 before the family Court. On 31st October, 2016 the suit was dismisse
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