38.6c New Delhi, India, Thursday, October 30, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

No effort made by either party for restitution if conjugal rights; Orissa HC grants divorce in a decade old marital dispute [Read Judgment]

By Saket Sourav      27 March, 2025 01:32 PM      0 Comments
No effort made by either party for restitution if conjugal rights Orissa HC grants divorce in a decade old marital dispute

Orissa: The Orissa High Court at Cuttack has passed a significant judgment dissolving a marriage that had been effectively non-functional for over a decade, granting divorce to the husband on the ground of desertion under Section 13(1)(i-b) of the Hindu Marriage Act, 1955.

A division bench comprising Justice B.P. Routray and Justice Chittaranjan Dash, while hearing the appeal in the case of Bibhu Ranjan Patra vs Suprava Patra, observed that the marriage, solemnized on March 3, 2013, had completely broken down, with the couple living separately since December 21, 2013.

Orissa High Court Grants Divorce Citing Lack of Restitution of Conjugal Rights

The court was hearing an appeal against the judgment dated November 29, 2017, passed by the learned Judge of the Family Court, Dhenkanal, in C.P. No. 25 of 2016, wherein the husband’s prayer for divorce under Section 13(1) of the Hindu Marriage Act had been refused.

The court noted that the marriage took place on March 3, 2013, and within a few months of the bride’s stay in the matrimonial home, the relationship had become strained. Furthermore, the court observed that both parties had made allegations and counter-allegations against each other. Additionally, it was noted that the marriage was never consummated, and, admittedly, the husband and wife had been living separately since December 21, 2013.

Also Read - Madras High Court directs impleading of alleged adulteres in divorce cases [Read Judgment]

Referring to the Supreme Court’s judgment in K. Srinivas Rao vs D.A. Deepa, the bench emphasized that when a marriage is beyond repair due to bitterness, courts have consistently viewed irretrievable breakdown as a significant factor warranting the severance of marital ties. The court in this case also held that “A marriage which is dead for all purposes cannot be revived by the Court’s verdict if the parties are not willing.”

Hindu Marriage Act: Court Dissolves Decade-Old Marriage Over Desertion

After examining the case and considering the above judgment, along with Section 13(1)(i-b) of the Hindu Marriage Act, 1955, the court dissolved the marriage and observed:

“We are conscious of the fact that many unprecedented events have occurred in the lives of the parties. The parties never resumed cohabitation after December 2013, and for the last 12 years, no effort has been made by either party for restitution of conjugal rights. Given these circumstances, coupled with the mutual allegations embedded in hatred, we find this to be a case of complete marital breakdown for the past decade. As such, we find it appropriate to grant a decree of divorce by dissolving the marriage on the ground of desertion under Section 13(1)(i-b) of the Hindu Marriage Act. Accordingly, the marriage between the appellant and respondent, solemnized on March 3, 2013, is hereby dissolved by a decree of divorce under Section 13(1)(i-b) of the Act.

In addition to granting the divorce, the court also directed the husband to pay permanent alimony of Rs. 18 lakhs to the wife within two months by depositing the amount before the Family Court.

Also Read -  Supreme Court invokes Article 142 of Constitution to dissolve marriage, ends 17 legal cases between couple [Read Order]

Mr. Manoj Kumar Mohanty, Advocate, appeared for the petitioner, whereas Mr. S.K. Mishra, Senior Advocate, along with Ms. S. Rout, Advocate, appeared for the respondent.

[Read Judgment]



Share this article:

About:

Saket is a final-year law student at The National Law University and Judicial Academy, Assam. He has...Read more

Follow:
Linkedin


Leave a feedback about this
Related Posts
View All

Passport Renewal Request Can't Be Denied Solely On The Basis Of Pendency of Criminal Cases: Orissa High Court Passport Renewal Request Can't Be Denied Solely On The Basis Of Pendency of Criminal Cases: Orissa High Court

In the above circumstance, this Court permits the petitioner to submit the required affidavit/undertaking giving therein the position involving both the criminal cases and supporting documents establishing the petitioner is on bail at least one week of this judgment to the concerned Passport Authority at Bhubaneswar. In the event of receipt of such affidavit, the Passport Authority at Bhubaneswar shall do well in completing the issue of renewal of passport involving the petitioner within a week thereafter.

Orissa HC awards Rs 10 lakh to father who lost child to stray dog attack [Read Judgment] Orissa HC awards Rs 10 lakh to father who lost child to stray dog attack [Read Judgment]

The Orissa High Court recently directed the Puri Municipal Corporation to pay Rs 10 lakhs as compensation to the father of a child who was killed by street dogs in 2016.

Orissa HC rules in favour of BJDs Lok Sabha MP Anubhav Mohanty in divorce plea [Read Judgment] Orissa HC rules in favour of BJDs Lok Sabha MP Anubhav Mohanty in divorce plea [Read Judgment]

The Orissa High Court recently ruled in favor of BJDs Lok Sabha MP Anubhav Mohanty, granting a decree of divorce due to mental cruelty. This decision came after examining the lack of physical intimacy with his wife Varsha Priyadarshini, and the high court's findings differed from the family court's earlier conclusions. The case involved detailed considerations of both parties' statements and evidence.

Indian Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [Jan 1 - Jan 6] Indian Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [Jan 1 - Jan 6]

A weekly round-up of the top stories from the Supreme Court of India and High Courts across the country summed up in a 3-minute read.

TRENDING NEWS

lawyers-to-stop-arguing-when-court-indicates-its-mind-sc
Trending Judiciary
Lawyers to stop arguing when court indicates its mind: SC [Read Judgment]

SC: Lawyers must stop arguing once court indicates its mind, stressing that harmony between Bench and Bar ensures dignified court functioning.

29 October, 2025 04:25 PM
wangchuks-detention-order-suffers-from-gross-illegality-and-arbitrariness-activists-wife-tells-sc
Trending Judiciary
Wangchuk's detention order suffers from gross illegality and arbitrariness, activist's wife tells SC

Wife of activist Sonam Wangchuk tells SC his detention under NSA suffers from illegality, citing stale FIRs, procedural lapses, and denial of fair representation.

29 October, 2025 04:35 PM

TOP STORIES

delhi-hc-grants-interim-protection-to-kumar-sanus-personality-rights-restrains-unauthorised-use-of-voice-and-image
Trending Judiciary
Delhi HC Grants Interim Protection To Kumar Sanu’s Personality Rights, Restrains Unauthorised Use of Voice and Image [Read Order]

Delhi HC grants interim protection to Kumar Sanu, restraining unauthorized AI use of his voice, image, and likeness to safeguard personality rights.

24 October, 2025 11:04 AM
orissa-hc-restores-fathers-visitation-rights-says-child-entitled-to-love-and-affection-of-both-parents
Trending Judiciary
Orissa HC Restores Father’s Visitation Rights, Says Child Entitled To Love And Affection Of Both Parents [Read Order]

Orissa High Court restores biological father’s visitation rights, holding that every child is entitled to love and affection of both parents.

24 October, 2025 11:50 AM
centre-writes-to-cji-to-nominate-justice-surya-kant-as-successor
Trending Legal Insiders
Centre writes to CJI to nominate Justice Surya Kant as successor

Centre writes to CJI B R Gavai recommending Justice Surya Kant as the next Chief Justice of India; he is set to assume office on November 24, 2025.

24 October, 2025 07:53 PM
sc-quashes-uapa-arrests-holds-remand-courts-explanation-cannot-replace-written-grounds-of-arrest
Trending Judiciary
SC Quashes UAPA Arrests, Holds Remand Court’s Explanation Cannot Replace Written Grounds Of Arrest [Read Order]

Supreme Court quashes UAPA arrests, ruling that remand court’s explanation cannot substitute the mandatory written grounds of arrest.

25 October, 2025 11:10 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email