SABITA BEHERA Vs. PRAFULLA KUMAR DAS

JUDGEMENT

(1.) THESE two appeals are inter -linked being directed against the same judgment of learned Judge, Family Court, Cuttack though the grounds of challenge are different. Although the pivotal question posed appears to be simple, it presents some complexities. In essence the dispute is whether there is scope for substitution in place of deceased husband after an ex parte decision is taken in a proceeding for judicial separation or divorce. Certaion other disputes have been raised, with which we shall deal infra.

(2.) THE dispute has arisen in the following background :

(3.) WE shall deal with the question of scope of substituting the relative in place of the husband who dies after the decree for judicial separation or divorce is passed, Before delving into that question, it is to be seen what marriage really means.