April to June 2013 For PDF.pmd - Orissa High Court

22
Court
News
In this case Lot No-1 and Lot No.2 property are ancestral properties in the hands of defendant No.1,
father of the plaintiff and in view of the above provision the plaintiff cannot have any interest in the said
properties when his father defendant No.1 is alive and he can not question the alienation of Lot No.1
property by defendant No.1 to defendant No.2 as the said property devolved on defendant No.1 in his
individual capacity and not as “Karta” of his family after the death of his father – Held, suit for partition
filed by the plaintiff has been rightly dismissed by the Court below.
(B. K. Misra, J. )
ABHITOSH DEBATA & ANR.-V- STATE OF ORISSA.
CRLMC NO.2696 OF 2012 (Dt.15.05.2013)
CRIMINAL PROCEDURE CODE, 1973 – S.482
Cognizance taken for the offences U/ss. 341, 323, 307, 354, 506 & 34 I.P.C. – Quashing of – All
the offences are compoundable except offence U/s.307 I.P.C. – Injury sustained on the informant was
simple in nature and none of the ingredients of an offence U/s.307 I.P.C., even prima facie, exists in the
present case – The informant-Russian Couple submitted a petition for compromise before the P.S. amicably
settling the dispute against the petitioners – No useful purpose would be served by continuing the above
proceeding as there is a bleak chance of conviction – Held, in the ends of justice Criminal Proceeding
is quashed.
(Indrajit Mahanty, J.)
ABINASH SAMAL –V- GITIPUSPA SAMAL
MATA NOS. 90, 91 & 92 of 2011 (Dt. 17.05.2013)
HINDU MARRIAGE ACT, 1955 – S. 13(1) (ia)
Mental Cruelty – Ground of divorce – No strait jacket formula for determining mental cruelty –
Parties remain separate for more than six years – No feelings or emotions towards each other – Respondent-
Wife filed large number of cases against the appellant-husband and in one of such cases the parents of
the appellant arrested and taken into custody – Such conduct of the wife proves mental torture on the
husband – since matrimonial bond between the parties ruptured, there is hardly any chance of reunion
– No fruitful purpose will be served by refusing a decree of divorce by dissolving the marriage between
the parties – Held, impugned judgement u/s 13 of the Act is set aside – Marriage between the parties
stands dissolved and decree of divorce is passed – Order of permanent injuction against the appellanthusband
injuncting him to re-marry is set aside – Award of monthly maintenance of Rs. 2000/- per month
be reduced to Rs. 1000/- per month payable from 12-08-2009 till April, 2013 and upon passing of the
decree of divorce the husband shall Pay Permanent alimony of Rs. 3,00,000/- to the wife.
(M. M.Das, J & B. K.Misra, J.)
ASHOK KUMR PRUSTY-V- STATE OF ORISSA & ORS.
W.P.(C) NO.3415 OF 2004 (Dt.17.05.2013)
SERVICE LAW – Petitioner an N.M.R. employee – Apprehending termination he filed a writ petition
earlier, where in direction issued to the O.P.-Corporation to take up his case for regularization – Letter
issued to him to Opt for V.R.S. – Action challenged – Petitioner’s case for regularization not considered
where as his juniors have been retained in service – Filing of false affidavit by OLIC – Held, Direction
issued to OLIC to treat the petitioner at par with juniors and take up his case for regularization – Impugned