Lingaraj Choudhury vs Prativa Choudhury

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Ori) 651

IN THE HIGH COURT OF ORISSA AT CUTTACK
S.TALAPATRA, SAVITRI RATHO
Lingaraj Choudhury – Appellant
Versus
Prativa Choudhury – Respondent

Advocates Appeared:
For the Appellants : D. Mohapatra, B.P. Tripathy

Table of Content
1. background of family court proceedings and allegations of cruelty. (Para 1 , 2)
2. arguments regarding mental cruelty and formal accusations. (Para 3 , 4)
3. respondent's claims of the appellant's neglect and cruelty. (Para 5)
4. court's assessment of evidence and burden of proof. (Para 6 , 7 , 8)
5. dissolution of marriage on grounds of established cruelty. (Para 9)
6. determination of permanent alimony. (Para 10 , 11 , 12 , 13)
7. conclusion and directive to finalize divorce decree. (Para 14 , 15 , 16 , 17)

JUDGMENT :

S. TALAPATRA, J.

1. Heard Mr. D. Mohapatra, learned counsel appearing on instruction of Mr. B.P. Tripathy, learned counsel for the Appellant. Despite due notice from this Court, none appears for the Respondent.

2. This is an appeal under Section 19 (1) of the Family Courts Act, 1984 from the judgment dated 07.02.2015, delivered in Civil Proceeding No. 11 of 2012 by the Judge, Family Court, Berhampur. By the said judgment, the petition filed by the Appellant under Section 13 (1) (i-a) of the Hindu Marriage Act, 1985 for dissolution of marriage on the ground of cruelty has been dismissed having observed that the Respondent herein, herself is victim of cruel