S. 14 HMA | Separate Application Showing Exceptional Hardship/ Depravity Must Be Filed For Seeking Divorce Before 1 Year Of Marriage: Orissa HC

The Orissa High Court has held that since Section 14 of the Hindu Marriage Act, 1955 ('the HMA') bars presentation of petition for divorce within one year of marriage, the petitioner must file a separate application canvassing 'exceptional hardship' or 'exceptional depravity' by the respondent, in order to waive the mandatory waiting period of one year as per the proviso to...

Order VII Rule 11 CPC | Plaint Can Be Rejected For 'Non-Disclosure', Not For 'Non-Existence' Of Cause of Action: Orissa High Court

The Orissa High Court has reiterated that a plaint cannot be rejected under Order VII Rule 11 of the Code of Civil Procedure (CPC) for mere 'non-existence' of cause of action, rather it can be rejected for 'non-disclosure' of the same. Reaffirming the settled principle of law, the Single Bench of Justice Ananda Chandra Behera observed –“So, non-disclosure of cause of action in a plaint...

Family Courts Are Governed By General Principles Of Delay & Laches, Not By Strict Provisions Of Limitation Act: Orissa HC

The Orissa High Court has ruled that the Family Courts are not governed by rigid limitation periods prescribed under the Limitation Act, 1963, rather the general principles of delay and laches apply to their adjudications.The Division Bench of Justice Bibhu Prasad Routray and Justice Chittaranjan Dash further held that disputes relating to 'marital status' of parties is a 'continuing cause...

Children Born Out Of Void Marriage Entitled To Inherit Ancestral & Self-Acquired Property Of Hindu Father: Orissa High Court

The Orissa High Court has held that children born out of second/void marriage are also entitled to inherit not only the self-acquired but also the ancestral properties of their father since Section 16 of the Hindu Marriage Act, 1955 ('HMA') confers legitimacy on children born out of void marriage and the Hindu Successions Act, 1956 ('HSA') gives right to legitimised children to...

Police Dog Cannot Testify In Court, Its Handler's Evidence Is Mere Hearsay And Requires Corroboration: Orissa High Court

The Orissa High Court has upheld a two-decade-old order passed by the Court of Adhoc Additional Sessions Judge, Bhubaneswar whereby it had acquitted two persons accused of committing rape and murder of a minor girl in the year 2003.The Division Bench of Justice Bibhu Prasad Routray and Justice Chittaranjan Dash discarded the evidence of the sniffer dog which pointed at the shop of one of...

Orissa High Court Junks Plea To Put Restrictions On Hanuman Jayanti Procession In Sambalpur, Orally Calls For Religious Tolerance

The Orissa High Court has dismissed a writ petition filed by seven Muslim men seeking to put restrictions on Hanuman Jayanti procession in the city of Sambalpur, which is going to be held between April 06 to April 14.The petitioners cited communal violence during a similar procession in 2023 and apprehended religious disharmony and untoward incidents. However, the Division Bench of Chief...

Centre Notifies Transfer Of Orissa HC Judge Justice Arindam Sinha To Allahabad HC

The Union Government on Friday notified the transfer of Justice Arindam Sinha, senior-most puisne Judge of Orissa High Court as a Judge of the Allahabad High Court. Last week, the Supreme Court Collegium had recommended his transfer.Justice Sinha originally belongs to the Calcutta High Court, where he was appointed as an Additional Judge on October 30, 2013 and as a permanent Judge on March...

NDPS Act | Law Doesn't Sanction Retaining Seized Vehicle Indefinitely Without Furthering Cause Of Justice: Orissa High Court

The Orissa High Court has reiterated that the provisions under the Narcotic Drugs and Psychotropic Substances Act ('NDPS Act') do not mandate indefinite retention of seized vehicles without any justifiable cause, especially when such retention tends to cause degradation and depreciation of the vehicle.Underlining the importance of interim release of vehicle for preventing structural and...

Court Cannot Appoint Arbitrator In Absence Of Arbitration Agreement Between Disputing Parties: Orissa High Court

The Orissa High Court has held that Court cannot appoint an arbitrator to resolve dispute between the parties in absence of any arbitration agreement. The Single Bench of Acting Chief Justice Arindam Sinha (as the Judge then was) referred to Section 11(6-A) (appointment of arbitrators) of the Arbitration and Conciliation Act to hold that –“Reference to arbitration can only be compelled...

Disciplinary Proceedings Can Be Held Pending Criminal Trial Unless Accused Is Prejudiced: Orissa High Court

The Orissa High Court has reiterated that criminal prosecution and disciplinary proceedings can go on simultaneously against a delinquent employee and there is no need to keep the disciplinary actions in standby until the conclusion of the criminal trial.While ingeminating the position of law, the Division Bench of Justice Sangam Kumar Sahoo and Justice Savitri Ratho held, “It is,...

Orissa High Court Fines Woman Who Sought Pet Dog's Custody From Daughter-In-Law After Dowry Dispute

In a peculiar case, the Orissa High Court on Tuesday imposed a cost of rupees one thousand on a lady who filed a writ petition seeking to get back the custody of her pet dog from her daughter-in-law.The matter reportedly emanated from a dowry dispute whereby the daughter-in-law lodged an FIR against the in-laws and left the matrimonial home. Subsequently, the dowry properties were seized from...

'Law Can't Compel To Endure A Marriage Of Suffering': Orissa High Court Grants Divorce To Man Against Whom Wife Registered 45 FIRs

The Orissa High Court recently granted divorce to a couple on the ground of cruelty while noting the conduct of the wife in filing numerous frivolous criminal cases against the husband, attempting to oust his elderly parents from her matrimonial home and repeatedly threatening to commit suicide, which caused grave emotional and psychological distress to the husband.The Division Bench of...