High CourtsDivision Bench

Dr. Tanmaya Badapanda vs Smt. Smitamayee Sarangi @ Badapanda

Orissa High Court · Decided on 4 December 2023 · Citation: (2023) 12 OHC CK 0023

HON’BLE JUDGES
Arindam Sinha, J · S.S. Mishra, J
RESULT
Disposed Of
CASE NUMBER
MATA No. 239 Of 2022
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Judgment

7 paragraphs · 165 words

I.A. no.429 of 2023

1.

Mr.  Mishra,  learned  advocate  appears  on  behalf  of  appellant-husband. He submits, by common impugned judgment dated 29th August, 2022 the family Court dismissed his client’s civil proceeding for dissolution of marriage and allowed the restitution petition of respondent-wife. His client has paid interim maintenance and is interested to prosecute the appeal in hope that impugned judgment will be set aside and the marriage dissolved. As such, interim application has been made for stay of execution lodged by respondent-wife to enforce restitution. Mr. Sahoo, learned advocate appears on behalf of respondent-wife and submits, objection is to be filed. He prays for adjournment.

2.

There is no necessity for objection to be filed as on query from Court we have ascertained that the interim maintenance has been paid.

3.

Execution Case no.04 of 2023 in Family Court, Sambalpur will remain stayed till next disposal of the appeal.

4.

The application is disposed of.

5.

By consent, list on 4th January, 2024.

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