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2024 Supreme(Ori) 469

IN THE HIGH COURT OF ORISSA AT CUTTACK
ARINDAM SINHA, M.S.SAHOO
Sujata Sahu @ Behera – Appellant
Versus
Santosh Kumar Behera – Respondent


Advocates Appeared:
For the Appellant :Mr. L. Moharana, Advocate
For the Respondent:Mr. S.S. Das, Sr. Advocate

Table of Content
1. appellant's grievance about marriage dissolution. (Para 1)
2. appeal focuses on error in proving cruelty. (Para 2 , 3)
3. allegations of cruelty discussed with legal precedents. (Para 4 , 7)
4. impact of unproven allegations in mental cruelty. (Para 5 , 6)
5. family court's credibility assessment of evidence. (Para 8 , 9)
6. judgment confirmed; appeal dismissed. (Para 10 , 11)

JUDGMENT :

ARINDAM SINHA, J.

1. Appellant before us is aggrieved by judgment dated 11th January, 2022 of the Family Court. At instance of respondent, the marriage was dissolved. Appellant’s case is that she is willing to be with respondent upon interference in appeal, to reverse the judgment. Mr. Moharana, learned advocate appears on behalf of appellant and Mr. Das, learned senior advocate, for respondent.

2. The appeal was heard on earlier occasions. It transpires that appellant has only to show us that the Family Court erred in concluding cruelty was proved, as a ground for dissolution of the marriage. This is because on behalf of respondent, finding on desertion as a ground has not been supported in defence to the appeal.

3. Mr. Moharana had earlier submitted, ground of cruelty was not proved. The

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