Matrimonial Law - Dissolution of Marriage - The appellant-wife sought dissolution of marriage on…

Matrimonial Law - Dissolution of Marriage - The appellant-wife sought dissolution of marriage on grounds of cruelty - The respondent-husband did not appear in Family Court or the High Court - The main issue was whether the appellant-wife had proven cruelty by the respondent-husband to warrant dissolution of marriage - The appellant-wife claimed deep anguish due to the respondent's conduct and absence of conjugal relationship, supported by her testimony and that of her brother-in-law - The appeal was dismissed, with the court not finding sufficient evidence of cruelty, despite the respondent-husband's absence from legal proceedings - The court found the allegations of cruelty improbable and noted the absence of any protest or evidence from the appellant-wife regarding the alleged cruelty - The court referenced previous judgments and the lack of evidence for physical incapacity or valid reason for withdrawal from matrimonial duties - The High Court upheld the Family Court's decision, dismissing the appeal due to lack of demonstration of cruelty by the respondent-husband - The appellant-wife was advised to seek mutual consent for divorce if desired Nibedita vs -Biswa MATA 68/21 02/05/24 [ SINHA JJ ] [ ORISSA HIGH COURT ]