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2024 Supreme(Online)(ORI) 212

ORISSA HIGH COURT
ARINDAM SINHA, M.S. SAHOO, JJ
VISHAL THAKER – Appellant
Versus
SOBHA JOSHI – Respondent


Advocates:
Mr. R.K. Samanta Singhar, Advocate; Mr. S.K. Pattnaik, Advocate

JUDGEMENT

ARINDAM SINHA, J.

1. The husband is before us in appeal. He is aggrieved by judgment dated 28th February, 2018 of the Family Court, by which his p*/etition seeking divorce was dismissed. Mr. Samanta Singhar, learned advocate appears on his behalf and submits, ground taken was that respondent-wife has been suffering continuously from mental disorder. She has schizophrenia.

2. Appellant in his petition alleged respondent suffering from schizophrenia. This mental disorder was suppressed from him and his family, when the marriage was solemnized on 15th February, 2013. According to him the solemnization was observing Gujurati Brahmin caste customs. There was a reception held thereafter.

3. Mr. Samanta Singhar submits, several meetings were held for purpose to agree on mutual divorce. In fact there was agreement but respondent did not thereafter join to petition for mutual divorce. In her cross-examination she admitted she was treated before Dr. Manisha Mairal, consulted psychologist. According to him the Family Court erred in appreciating the evidence. The judgment be reversed and the marriage dissolved. He relies on judgment dated 24 th January, 2024 of the Supreme Court in a Civ

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