Soumya Ranjan Mohanty vs Itishree Das - 2025 Supreme(Ori) 1010

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Ori) 1010

IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY, MURAHARI SRI RAMAN
Soumya Ranjan Mohanty – Appellant
Versus
Itishree Das – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. S.K. Sarangi, Senior Advocate
For the Respondent:Mr. N.C. Rout, Advocate

Table of Content
1. court examined non-consummation claims leading to eligibility for divorce. (Para 1 , 2 , 4)
2. refusal to consummate constitutes mental cruelty. (Para 5 , 6)
3. final decision allows divorce and orders permanent alimony. (Para 10 , 11)

JUDGMENT :

B.P. Routray, J.

1. Heard Mr. S.K. Sarangi, learned Senior Advocate for the Appellant and Mr. N.C. Rout, learned Advocate for the Respondent.

2. The Husband-Appellant has challenged the impugned judgment dated 22.10.2022 of learned Judge, Family Court, Keonjhar passed in C.P. No.82/803 of 2021-20 refusing his prayer for dissolution of marriage under Section 13 (i-a) of the Hindu Marriage Act prayed on the ground of cruelty and non-consummation of marriage.

3. Appellant’s case is that, the marriage took place on 01.05.2019 and both the husband and wife though stated together till 23.07.2019, i.e. around 83 days, but the marriage could not be consummated due to withdrawal of the Wife-Respondent. It is the specific allegation of Husband against the Wife that, even after several attempts made by him, the Wife withdrew from having physical relationship without any reason.

4. Learned Judge, Family Court, Keonjhar in the impugned judgm