PUSPALATA PAIKRAY Vs. BIRAJANANDA DAS

JUDGEMENT

(1.) Mr. Roy, learned advocate appears on behalf of appellant-wife and Mr. Sahoo, learned advocate, for respondent-husband. Submission at the Bar is that parties have agreed to go their separate ways without direction for payment of permanent alimony. Parties want divorce. Further submission is that impugned judgment dtd. 20/12/2021 of the Family Court, dismissing the proceeding under Sec. 27 in Special Marriage Act, 1954 on refusing to grant divorce, be accordingly set aside in appeal.

(2.) On query from Court Mr. Roy submits, appellate power is sufficient for setting aside impugned judgment and granting the divorce, in spite of alternative proceeding for divorce by mutual consent provided for by Sec. 28. Mr. Sahoo submits, it would be better if this Court grants divorce instead of compelling parties to approach the Family Court by initiating fresh proceeding for divorce by mutual consent.

(3.) Mr. Roy relies on several judgments.