IN THE HIGH COURT OF ORISSA AT CUTTACK MATA No.135 of 2025 Mitanjali Dash …. Appellant Represented by Adv.- Mr. K.C. Dash, Advocate -versus- Umakanta Pati …. Respondent Represented by Adv.- Mr. Debi Prasad Pattnaik, Advocate CORAM: HON'BLE MR. JUSTICE MANASH RANJAN PATHAK AND HON'BLE MR. JUSTICE SIBO SANKAR MISHRA Order No. ORDER 02.02.2026 (Hybrid mode) 04. 1. Heard Mr. K.C. Dash, learned counsel appearing for the appellant-wife and Mr. Debi Prasad Pattnaik, learned counsel appearing for the respondent- husband. 2. The appellant-wife has preferred this appeal assailing the judgment dated 15.01.2025 passed by the learned Judge, Family Court, Jajpur, District- Jajpur in Civil Proceeding No.151 of 2024. 3. The appellant-wife sought for dissolution of her marriage with the respondent-husband, hence she filed the Civil Proceeding. 4. The learned trial Court, by the impugned judgment dismissed the civil proceeding. Aggrieved by the said dismissal order/judgment, the present appeal has been preferred by the appellant-wife. 5. The notice was issued to the respondent by this Court in the present appeal vide order dated 15.07.2025. The respondent-husband has filed the show cause affidavit dated 26.07.2025. He has admitted the contention raised by the appellant and has stated that due to long period of separation, the marriage between him and the appellant has broken irretrievably. Hence, he joined with the appellant-wife seeking dissolution of their marriage. He further submitted that he has no objection, if the appeal is allowed. Paragraphs-5, 6 and 7 of the said affidavit reads as under: “5. That it is humbly submitted that due to long period of separation the marriage has broken down to the point of no return, the learned court below while appreciating the evidence on record has come to a conclusion that the parties have connived to dissolve the marriage is erroneous in as much as the respondent has put forth the correct state of affairs between him and the appellant i.e. i) solemnization of marriage, ii) stay of appellant in her matrimonial home for only 4/5 days, iii) long separation iv) no reunion even after intervention of relative the above factum rather should have been considered in favour of the appellant oweing to the peculiarity of the case. Page 3 of 4 6. That the learned court below has emphasized on quantitative rather than qualitative evidence to discard the case, entering into a state of assertion of risk in allowing the prayer of the appellant where as it is clear from the evidence collected in the proceeding below that : a) The marriage was solemnized between the parties on 5.2.2012. b) The appellant left the respondent 4/5 day of the marriage (recorded as 6th day of marriage by the court below) never to return inspite of the intervention of relatives. c) There is no issue from the marriage. d) They have been living separate 12 years since e) That the marriage has broken down to the point of no return. Hence when the state of affair of the marriage as presented by the parties are true and correct the learned court’s analysis as to why the respondent did not contradict the pleading of the appellant is unacceptable. 7. That the respondent has no objection if the prayer of the appellant in this matrimonial appeal is allowed.” 6. When the matter was taken up for hearing, learned counsel for the parties in unison have prayed that the appeal may be allowed. 7. Regard being had to the submissions made by the learned counsel for the parties and the pleadings before us in the present appeal, we are inclined to allow the present appeal. 8. Accordingly, the judgment dated 15.01.2025 passed by the learned Judge, Family Court, Jajpur, District- Jajpur in Civil Proceeding No.151 of 2024 is set aside. As a consequence of the appeal being Subhasis allowed, the marriage between the appellant-wife and the respondent-husband solemnized on 05.02.2012 stands dissolved. 9. The Registry is directed to draw a consent decree accordingly. (Manash Ranjan Pathak) Judge (Sibo Sankar Mishra) Judge Designation: Personal Assistant Location: High Court of Orissa, Cuttack.