38.6c New Delhi, India, Wednesday, August 06, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

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

By Rintu Mariam Biju      04 January, 2024 01:12 PM      0 Comments
Orissa HC rules in favour of BJDs Lok Sabha MP Anubhav Mohanty in divorce plea

Cuttack: The Orissa High Court recently ruled in favour of BJDs Lok Sabha MP Anubhav Mohanty and granted him a decree of divorce on grounds of mental cruelty. 


A Bench of Justices Arindam Sinha and Sibo Sankar Mishra was prompted to do so after noting that there was no physical intimacy between him and his actor-turned politician wife Varsha Priyadarshini.


Moving on, even if the categoric admission by paragraph 80 in her cross-examination is not taken in isolation and allowing for her expression of consummation to also mean physical intimacy, the answers given to the questions reproduced above leave no doubt in our mind that there was no physical intimacy between the parties. Appellant cannot be faulted for waiting in hope of consummation, causing expiry of the prescribed period for annulment. The private messages exhibited demonstrate his eagerness to get physical with respondent-wife. Hence, his contention of mental cruelty. 


After noting the respondent-wifes omission to bring on record physical incapacity and said it was not required for her to visit any doctor, led the court to conclude that it was her unilateral decision to deny her husband.


After the Supreme Court, in Varshas plea, transferred the case to a family court in Cuttack, Anubhav was at the receiving end of an unfavourable order. The court held that he had failed establish that Varsha refused and avoided consummation of their marriage and caused mental cruelty to him by her conduct towards him and his family members. This decision was challenged by Anubhav before the high court. 


After going through the various documents and necessary evidence, the Court said that, 


All this appears to be an attempt at explanation of clear admission of respondent-wife on non-consummation of the marriage, leading to inevitable conclusion that there could not have been physical intimacy


And, so the high court differed with the family courts reasoning. The latter interpreted appellants statement of the relation being not satisfying or unsatisfactory to mean that there must have been some contact, which was not to the satisfaction of appellant.


This interpretation was used to deal with or rather overlook respondents clear admissions regarding her awareness of Gynecologist consulted by her husband, particularly regarding non-consummation of the marriage and no physical contact. The finding cannot also otherwise be sustained simply because if respondent-wife is to be believed on her pleading, of continued physical relations without her consent as in there having been no situation of allowing it, dissatisfaction would have to be taken as her grievance, for which she had refused to consult the doctors, the court stated.

 

[Read Judgment]



Share this article:

About:

Rintu Mariam Biju graduated from the National University of Advanced Legal Studies, Kochi after comp...Read more

Follow:
FacebookTwitterLinkedinInstagram


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

sc-to-hear-plea-on-august-8-seeking-time-bound-restoration-of-statehood-to-jammu-and-kashmir
Trending Judiciary
SC to Hear Plea on August 8 Seeking Time-Bound Restoration of Statehood to Jammu & Kashmir

SC to hear plea on Aug 8 seeking time-bound restoration of statehood to J&K, citing violation of federalism and delay despite govt assurance.

05 August, 2025 01:45 PM
sc-cancels-bail-of-ex-dhfl-promoter-dheeraj-wadhawan-in-42000-crore-bank-fraud-case
Trending Judiciary
SC Cancels Bail of Ex-DHFL Promoter Dheeraj Wadhawan in ₹42,000 Crore Bank Fraud Case

SC cancels bail of ex-DHFL promoter Dheeraj Wadhawan in ₹42,000 cr bank loan scam case; directs him to surrender within 2 weeks despite medical plea.

05 August, 2025 05:34 PM

TOP STORIES

sc-directs-telangana-speaker-to-decide-disqualification-petitions
Trending Judiciary
SC directs Telangana Speaker to decide disqualification petitions against 10 rebel BRS MLAs within 3 months [Read Order]

SC orders Telangana Speaker to decide disqualification pleas against 10 rebel BRS MLAs within 3 months, stressing swift action on political defections.

31 July, 2025 04:58 PM
sc-to-first-consider-maintainability-of-review-against-2022-judgment-on-eds-powers-under-pmla
Trending Judiciary
SC to first consider maintainability of review against 2022 judgment on ED's powers under PMLA

SC to first decide if review pleas on ED powers under PMLA are maintainable; hearing on Karti Chidambaram’s plea set for August 6.

01 August, 2025 10:58 AM
sc-recalls-may-2-judgment-scrapping-jsw-steels-resolution-plan-for-bhushan-power-and-steel-ltd
Trending Business
SC recalls May 2 judgment scrapping JSW Steel's resolution plan for Bhushan Power and Steel Ltd

SC recalls its May 2 verdict cancelling JSW Steel’s ₹19,300 Cr resolution plan for Bhushan Power; matter to be heard afresh on August 7.

01 August, 2025 11:13 AM
electronic-communication-not-valid-mode-of-service-of-notice-under-section-35-bnss-sc
Trending Judiciary
Electronic communication not valid mode of service of notice under Section 35 BNSS: SC [Read Order]

SC holds WhatsApp or email not valid for notice under Section 35 BNSS due to arrest risk; personal service required to safeguard liberty.

01 August, 2025 11:25 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email