1. Mr. Mahapatra, learned advocate appears on behalf of appellant-husband and submits, he is urging ground of cruelty for impugned judgment dated 5th December, 2022 being reversed in appeal, to dissolve the marriage. For purpose of reconciliation his client’s father had called for a village ‘panch’. Respondent-wife along with her relatives had attended the panch but thereafter went to Jagatsinghpur Police Station and lodged complaint dated 31st March, 2016. The complaint was registered as First Information Report (FIR) and soon after his client and family members were taken into custody. It was a false case amounting to mental cruelty. His client seeks relief before this Court.
2. Mr. Mishra, learned advocate appears on behalf of respondent-wife and reiterates, the FIR was not tendered in evidence. Mr. Mahapatra submits, he has filed certified copy of the FIR.
3. Clause (b) under rule 27 in order XLI, Code of Civil Procedure, 1908 empowers the appeal court to, inter alia, require any document be produced to enable it to pronounce judgment. As such omission to tender the FIR in the trial is not an impediment for us to look into it.
4. Perused the letter of complaint dated 31st March, 2016. It appears to be mere narration of what took place prior to and on 14th February, 2016, in the village panch, where respondent-wife alleged that appellant-husband had refused to take her back. The complaint was lodged on 31st March, 2016 and the police became proactive to take into custody appellant-husband and his family members. The police played a vital role in perpetrating cruelty on appellant-husband. From appellant-husband’s stand point cruelty thus was perpetrated at instance of respondent-wife.
5. On query from Court, Mr. Mahapatra submits, his client is ready to take back his wife. Mr. Mishra, joins him in submitting that his client wants to go back to her husband. Both submit, their respective clients will present themselves in Court for respondent-wife to leave Court with her husband for her matrimonial home.
6. List on 17th January, 2024. It is made clear parties are at liberty to be personally present and achieve reconciliation, failing which we shall further hear and deal with the appeal.
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