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IN THE HIGH COURT OF ORISSA AT CUTTACK
ARINDAM SINHA, M.S.SAHOO
Harekrushna Behera – Appellant
Versus
Manasi Jena – Respondent
| Table of Content |
|---|
| 1. appellant’s grievance about divorce judgment. (Para 1) |
| 2. arguments regarding cruelty and defense claims. (Para 2 , 3) |
| 3. court analysis on technicalities and rules. (Para 4 , 5 , 6 , 7) |
| 4. direction for remand based on trial factors. (Para 8) |
| 5. judgment set aside; remand order issued. (Para 9) |
| 6. appeal disposed of; communication to court. (Para 10) |
JUDGEMENT :
ARINDAM SINHA, J.
1. Mr. Acharya, learned advocate appears on behalf of appellant- husband. He submits, his client is aggrieved by judgment dated 13th January, 2023 made by the family Court. His client had filed for divorce on the ground of cruelty. Though impugned judgment was made ex-parte against respondent-wife, divorce was not granted.
2. He demonstrates from impugned judgment, the Court below appreciated that his client’s ground for claiming divorce was cruelty. The Court went on to hold cruelty was established but dismissed the civil proceeding on technicality of non-joinder of party. The Court below had erred in failing to appreciate that his client had not taken the ground of adultery but pleaded the fact to establish cruelty.
3. Mr. Swain, learned advocate appears on behalf of respondent-wife and submits
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