Manjulata Sahu v. Akhaya Ku.Sahoo

IN THE HIGH COURT OF ORISSA AT CUTTACK

MATA No.135 of 2016 Manjulata Sahu ....

Appellant Mr.A.K.Das, Advocate -versusAkhaya Kumar Sahoo ....

Respondent Mr.S.C.Satpathy, Advocate

CORAM:

SHRI JUSTICE S. TALAPATRA SHRI JUSTICE B. P. ROUTRAY

ORDER

05.7.2022 Order No.

8.

1. The matter is taken up through Hybrid mode.

2. To challenge the judgment dated 11.3.2016 in C.P.No.67 of 2015 passed by the Judge, Family Court, Dhenkanal, this appeal has been filed by the wife. The wife has challenged the judgment and decree granting judicial separation as a means of alternative relief under Section 13-A of the Hindu Marriage Act, 1955. It may be noted that the Respondent (husband) filed the petition under Section (13(1)(i-a)(i-b) of the Hindu Marriage Act for dissolution of marriage on the ground of cruelty. It appears further from the records, the said decree of judicial separation has been passed ex parte as the Appellant failed to attend the court proceeding, despite due opportunities given to her.

3. Mr.A.K.Das, learned counsel appearing for the Appellant has expressed his helplessness as the Appellant has stopped contacting him. Even the Appellant has not appeared in the mediation process, initiated at the instance of this Court.

4. Having regarded to the conduct of the Appellant, it appears to us, the Appellant has lost interest in this proceeding.

5. Accordingly, the appeal stands dismissed for non-prosecution. Draw the decree accordingly.

( S. Talapatra) Judge ( B.P. Routray) Judge C.R. Biswal / B.K.Barik