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Judgment
Mr. Chakravarty, learned advocate appears on behalf of appellant-husband. He submits, noting is that there was compliance by the Registry regarding direction for service on order dated 2nd April, 2024.
We reproduce below the direction from said order dated 2nd April, 2024.
“3. ……… Registry is directed to communicate website copy of this order through Registrar, Civil Court, Balasore to Mr. Bijay Kumar Pradhan, learned advocate of Balasore Bar Association and lay note confirming the communication. It is made clear, we will proceed with hearing of the appeal on adjourned date, irrespective of representation/ appearance by respondent-wife.”
Registrar Civil Court, Balasore has by letter dated 22nd April, 2024 said there was due service. We find the learned advocate served had made endorsement in acknowledging receipt on 22nd April, 2024. We reproduce below the endorsement.
“I would like to intimate you that I have neither any communication address nor contact with the Respondent Sunita Das @ Samal.”
We take up the appeal for hearing. Respondent-wife goes unrepresented.
Mr. Chakravarty submits, by impugned judgment his client’s petition for dissolution of the marriage was dismissed. Ground taken was cruelty. The Family Court erred in considering subsequent development of respondent-wife having mischievously returned and taken up residence with parents of his client. Soon after impugned judgment was made, respondent-wife again went away. His client will file affidavit.
The affidavit will be accepted on adjourned date. We will decide whether it contains any additional evidence and its requirement for purpose of our delivering judgment in the appeal.
List on 15th May, 2024.
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