Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
ARINDAM SINHA, M.S.SAHOO
Ramahari Naik – Appellant
Versus
Sujata Naik – Respondent
| Table of Content |
|---|
| 1. background facts of the case (Para 1 , 2) |
| 2. arguments regarding cruelty and jurisdiction (Para 3 , 4 , 5 , 6) |
| 3. court's analysis on jurisdiction and implications of the bar (Para 7 , 8 , 12 , 13 , 14) |
| 4. jurisdiction under family courts act and relation to hindu marriage act (Para 9 , 11) |
| 5. final decision on dissolution of marriage and directions (Para 15 , 16) |
JUDGMENT :
1. Mr. Agarwal, learned advocate appears on behalf of appellant-husband. He submits, his client is aggrieved by judgment dated 18th July, 2022 made by the family Court. By it there was order made for dismissal of the suit. According to him, the family Court erred in treating the suit as one carrying claim for dissolution of the marriage under provisions in Hindu Marriage Act, 1955. His client had invoked article 441 in Mulla’s Principles of Hindu Law, 13th Edition published by N. M. Tripathy, Private Limited, Bombay.
3. Mr. Agarwal relies on view taken by learned single Judge in the High Court of Delhi on judgment dated 7th July, 2021 in, inter alia, C.R.P 1/2021 ( Satprakash Meena v. Alka Meena ). He submits, the question answered by the judgment was that the civil proceeding initiated by the parti
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
