Mehul Mishra vs Minati Panda

This matter is taken up through hybrid mode.

Heard Mr. S. Mishra, learned counsel for the appellant and Mr. R. Mahato, learned counsel for the respondent.

The appellant has filed this appeal challenging the judgment dated 29.10.2022 passed by the learned Judge, Family Court, Jajpur in Civil Proceeding No. 70 of 2020, whereby it has been held that the appellant failed to establish the ground of cruelty and the ground of desertion as embodied under Section 13 (1) (ia) (ib) of Hindu Marriage Act, 1955 to get the decree of divorce in his favour.

Mr. Mishra, learned counsel for the appellant contended that the prayer of the appellant was rejected on a flimsy ground, for which he has approached this Court in the present appeal seeking to quash the same.

Mr. Mahato, learned counsel appearing for the respondent contended that since the respondent-wife had left the marital home on 19.03.2017 and the case was instituted on 07.01.2019, i.e. within two years of her departure from her marital home, therefore, learned court below passed a just and proper order and since there is no illegality or irregularity in the impugned order, the same should not have been interfered with by this court at this stage.

Having heard learned counsel for the parties, at it appears, the learned Judge, Family Court rejected the prayer of the appellant for decree of divorce by observing that the respondent-wife left her marital home on 19.03.2017, but the case was instituted on

01.2019, i.e. within two years of her departure from her marital home. Thus, there being shortfall of statutory period of two years, no case of desertion is made out.

In view of the above and since in the meantime the statutory period has already been over, it is open to the appellant to seek his remedy in accordance with law.

With the aforesaid liberty, the MATA stands disposed of.

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