NIBEDITA DASH Vs. BISWA

JUDGEMENT

(1.) Mr. Tripathy, learned advocate appears on behalf of appellant-wife and submits, his client is aggrieved by judgment dtd. 19/8/2021 of the Family Court dismissing her petition for dissolution of the marriage on ground of cruelty. His client had pleaded the facts. Respondent-husband chose not to appear before the Family Court. Appellant-wife took the box and proved the facts pleaded. In absence of cross-examination, the case made out by his client ought to have been accepted by the Family Court. There was error made by said Court in not doing so. On the top of that, failure to appreciate the facts.

(2.) There was attempt to serve and on presumption of respondent-husband avoiding service, direction made for substituted service. After everything had been done, by order dtd. 19/2/2024 there was record of sufficiency of service against respondent-husband. The husband goes un-represented before us as well.

(3.) He relies on judgment of the Supreme Court in Samar Ghosh v. Jaya Ghosh, reported in (2007) 4 SCC 511, clause (iv) in paragraph 74 ( print). The clause is reproduced below.