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IN THE HIGH COURT OF ORISSA AT CUTTACK
DIXIT KRISHNA SHRIPAD
Putuli Joshi @ Mahapatra – Appellant
Versus
Sanjay Kumar Mahapatra – Respondent
| Table of Content |
|---|
| 1. background of marriage and disputes (Para 1 , 2) |
| 2. introduction of issues and evidences (Para 3) |
| 3. court's observations on evidence and claims (Para 4) |
JUDGMENT :
DIXIT KRISHNA SHRIPAD, J.
This matrimonial appeal by the wife calls in question the judgment dated 12.12.2023 and pursuant decree dated 23.12.2023, whereby respondent-husband’s CP No. 35 of 2022 filed under the provisions of Section 13 of the Hindu Marriage Act, 1955 having been favoured, learned Family Court Judge, Boudh has dissolved the marriage between the parties. He has also ordered “The petitioner-husband is directed to pay a sum of Rs.2,00,000/- (Rupees two lakhs) only to the respondent-wife towards permanent alimony within three months hence, failing which the respondent-wife will be at liberty to enforce it through court.” (sic)
2. Averments of parties in brief :
(a) Both the parties are Hindus. Husband is now aged 38 years and wife 29 years. He is employed as Data Entry Operator at Charichhak Block Office. Their marriage was solemnized on 24.04.2018 as per customs and rituals obtaining in their caste, at the residence of the wife. Theirs was a cat & dog life. Wife and her parents were forcing th
The appeal court held that the husband's unsubstantiated claims of cruelty could not justify divorce, emphasizing his failure to provide for his wife and child, thus reversing the lower court's decre....
The court found no credible evidence of cruelty to justify marriage dissolution, reversing the Family Court's judgment and concluding the couple's relationship was harmonious.
The court established that allegations of cruelty must be substantiated with evidence, and the absence of such evidence can lead to the dismissal of divorce petitions.
The court determined that mental cruelty and prolonged separation are legitimate grounds for divorce under the Hindu Marriage Act.
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