SUBRAT ROUTRAY Vs. SARMISTHA PRIYADARSINI PAL

JUDGEMENT

(1.) Mr. Mahapatra, learned advocate appears on behalf of appellant-husband and submits, he is urging ground of cruelty for impugned judgment dtd. 5/12/2022 being reversed in appeal, to dissolve the marriage. For purpose of reconciliation his client's father had called for a village 'panch'. Respondent-wife along with her relatives had attended the panch but thereafter went to Jagatsinghpur Police Station and lodged complaint dtd. 31/3/2016. The complaint was registered as First Information Report (FIR) and soon after his client and family members were taken into custody. It was a false case amounting to mental cruelty. His client seeks relief before this Court.

(2.) Mr. Mishra, learned advocate appears on behalf of respondent-wife and reiterates, the FIR was not tendered in evidence. Mr. Mahapatra submits, he has filed certified copy of the FIR.

(3.) Clause (b) under rule 27 in order XLI, Code of Civil Procedure, 1908 empowers the appeal court to, inter alia, require any document be produced to enable it to pronounce judgment. As such omission to tender the FIR in the trial is not an impediment for us to look into it.