High CourtsDivision Bench(2023) 11 OHC CK 0101

Saraswati Karan vs Siba Prasad Karan

Orissa High Court · Decided on 29 November 2023

HON’BLE JUDGES
Arindam Sinha, J · S.S. Mishra, J
CASE NUMBER
MATA No.78 Of 2019

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Judgment

4 paragraphs · 172 words
1.

Mr. Satapathy, learned advocate appears on behalf of appellant-wife. He submits, his client is aggrieved by judgment dated 28th February, 2019. Mr. Tripathy, learned advocate appears on behalf of respondent-husband and submits, impugned judgment was made under section 13-B in Hindu Marriage Act, 1955. The appeal is not maintainable.

2.

We have perused impugned judgment. We notice that the family Court said therein it tried for re-union between the parties but no fruitful result could be achieved. It also said both the parties were examined, who supported the averments made in the petition. It said still further, the Court is satisfied that the parties have filed the joint petition out of their free-will and without any compulsion in order to get their marriage dissolved. All this stares in the face of appellant in urging ground of appeal based on fraud. Furthermore, Mr. Tripathy submits, ground of appeal cannot be said to be pleading of fraud. Without prejudice, there is no such ground of appeal.

3.

List on 13th December, 2023.

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