REENA RANI TARASIA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Appellant is the wife, aggrieved by judgment dtd. 23/3/2020 of the Family Court dissolving the marriage on ground of adultery. Respondent no.1 is the husband, who has chosen to go unrepresented. Respondent no.2 was added as party in the civil proceeding on allegation of him being the paramour.

(2.) Mr. Chakaravarty, learned advocate appears on behalf of appellant and submits, because his client did not file written statement, she was not allowed to fully cross-examination respondent-husband and his other witnesses. On that ground alone impugned judgment should be set aside in appeal with direction of remand.

(3.) Without prejudice he submits, adultery could not be proved against his client. A purported 'sweekarapatra' was alleged to have been written by appellant. It is an unsigned document, tendered by the husband but was marked as exhibit with objection. It could not have been relied upon by the Family Court for finding on fact regarding adultery. There was no evidence before said Court to hold against his client. He submits further, his client has no relation with respondent no.2.