IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2024 (arising out of SLP(C) No. 30750/2019)
NIHAR RANJAN MISHRA ..... APPELLANT(S)
VERSUS
SUJATA SAHU ..... RESPONDENT(S)
O R D E R
Leave granted.
On 07.03.1996, the appellant, Nihar Ranjan Mishra and the
respondent, Sujata Sahu, married each other per Hindu rituals. It
is undisputed that Nihar Ranjan Mishra and Sujata Sahu have been
separated since 05.02.1997.
On 29.04.1997, the respondent, Sujata Sahu, gave birth to
their daughter, Abhipsa Mishra. Abhipsha Mishra’s age is 27 years
today and she is residing with her mother, Sujata Sahu. The
appellant, Nihar Ranjan Mishra, contends that he has neither seen
nor met his daughter since her birth. Contrastingly, the
respondent, Sujata Sahu, claims that no attempt was made by the
appellant to see his daughter. The respondent relies upon the
affidavit filed by the appellant in 2006, during the course of the
trial.
The litigation in the present case started way back in 2004.
The trial court had passed a decree of divorce, subsequently
1
reversed by the High Court. The High Court had held that
irretrievable breakdown of marriage is not a ground for divorce.
In compliance of the order passed by the trial court, the
appellant, Nihar Ranjan Mishra, had made a fixed deposit of 8₹
lakhs. It is stated that this fixed deposit was renewed from time
to time. The ballpark...