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Home IN THE NEWS 498A CASES

Anubhav Mohanty Granted Divorce: Fast Track Justice For Sitting MP Vs Struggle For Common Men | Voice For Men India

Arnaz Hathiram by Arnaz Hathiram
December 22, 2023
in 498A CASES, HIGH COURT, IN THE LAW, IN THE NEWS
0
voiceformenindia.com
Anubhav Mohanty Granted Divorce: Fast Track Justice For Sitting MP Vs Struggle For Common Men | Voice For Men India (Image: Social Media)

Anubhav Mohanty Granted Divorce: Fast Track Justice For Sitting MP Vs Struggle For Common Men | Voice For Men India (Image: Social Media)

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The Orissa High Court on Thursday granted divorce to BJD MP and Odia actor Anubhav Mohanty. The MP had filed for divorce from his wife Varsha Priyadarshini, who also happens to be a former Odia actor.

A local Family Court in Cuttack had dismissed Mohanty’s divorce petition in September 2023. However, the High Court has reversed this order and granted divorce to the MP (within less than 3 months of challenging the lower court order). 

Delhi High Court Dismisses Omar Abdullah’s Divorce Plea; Parties Separated Since 14-Years | Voice For Men India

Orissa High Court 

The divorce was granted to the MP by a division bench of the high court comprising Justices Arindam Sinha and Sibo Sankar Mishra.

Speaking with PTI, Mohanty’s counsel Lalitendu Mishra said:

The division bench clearly established that the petitioner, Anubhav Mohanty, was treated with cruelty by his spouse as she was afraid of intimacy after the solemnisation of the marriage in 2014.

Adding further Mishra said,

On this ground, the high court declared the marriage to be dissolved by a decree of divorce under Section 13(1)(IB) of the Hindu Marriage Act, 1955.

READ ORDER | Supreme Court Dismisses Divorce Appeal By 89-Year-Old Husband Separated Since Twenty-Seven Years | Irretrievable Breakdown In Marriage

Case Background:

Mohanty got elected as Lok Sabha MP for the first time during May 2019 General Elections. In July 2020, Mohanty filed for divorce on grounds of cruelty by wife.

In September 2020, Mohanty’s estranged wife Varsha filed a domestic violence case, followed by another case under Section 498-A IPC in December 2020. 

Both parties went all out in the media making several allegations against each other. Multiple complaints and suits were also filed by each other at local police stations and magisterial courts.

In May 2022, the Orissa High Court had to restrain the couple from engaging in ugly social media spats, thereby, instructing them not to post any further videos about their private life.

Punjab & Haryana HC Dissolves Marriage After 23-YEARS Of Separation Citing Irretrievable Breakdown As Ground For Divorce

Divorce Case Dismissed by Family Court

In September 2023, the Family Court had rejected Mohanty’s plea and on the other hand Varsha’s plea for Restitution of Conjugal Rights (RCR) was also rejected by the same court.

We had posted about this case with timelines after this judgment, questioning the idea of rejecting divorce, even when there was no hope of co-habitation between parties again.

Lok Sabha MP Anubhav Mohanty Divorce | Case Study for Indian men to be prepared for lifelong battle

▪️Jul 2020: AM files for divorce
▪️Sep 2020: Wife files domestic violence case
▪️Dec 2020: Wife files #498A (dowry harassment charges)
▪️Despite multiple allegations against…

— Arnaz Hathiram (@ArnazHathiram) September 23, 2023

High Court Reverses Family Court Order Within 3-Months

This order from the High Court will come as a shock to any common man who has been fighting a contested divorce battle. At the outset, we refrain from commenting on the merits of the case and respect the Court’s order.

HC Order Raises Questions On Disposal Of Matrimonial Cases For Sitting MPs Vs Common Man

If one observes the pattern and timelines in any given matrimonial case, it easily takes a minimum of 3-5 years at the Family Court. Subsequently, most men who appeal against the lower court order in the High Court, do not even get a basic hearing for the next 1-2 years. Multiple dates are given on account of arguments/counter arguments by both parties. Several dates are even given for both parties to keep resubmitting their written submissions.

By the time, any contested case reaches Supreme Court of India, a couple would have spent a minimum of 8-10 years in Lower Courts (pick up any Supreme Court Judgement on Divorce and check the numbers of years parties have been at war).

Punjab & Haryana HC Grants Divorce To Man After 31-Years Citing Constant Harassment By Wife Forcing Him To Live Separately From Parents

Voice For Men India Take:

  • This article is against all those, particularly the Men’s Rights Influencers, who have gone overboard yet again, cheering this HC order as ‘victory’ or justice’
  • Sadly, prominent handles who claim to be influencers of Men’s Rights, have been giving spins to all high profile cases, keeping the common men under fake hope and illusion
  • Similar pattern had been observed in cricketer Shikhar Dhawan’s case, who was not only granted divorce within 1-2 years of filing his plea, but the Court even instructed Government of India to intervene with the Australian Government for his son’s custody. In this case as well, Dhawan was painted as some martyr, who had ’emerged victorious’

Shikhar Dhawan’s Divorce Is No Victory For Common Men Suffering Matrimonial Laws At Courts For Decades

  • While there is no denial about the pain and harassment men face during a matrimonial battle (irrespective of their status in society), should such cases become a reason to triumph for a common man?
  • Most men cannot even afford lawyers (forget competent ones) to come out from false 498A cases. Most men struggle for years/decades at Courts to prove their innocence, not because their evidence or merits are weak, but because the system operates slower than the pace of a snail. By the time Courts hear child custody matters properly, the children have already been brainwashed against fathers with no hope of reconciliation between them. Most men fighting contested divorce cases, spend their entire prime years in visiting courts
  • The objective of Men’s Rights Activists was to support men in need, however, unfortunately many handles have become Judge & Jury hounding estranged wives of men in power and also whitewashing them before final Court verdict
  • It would be only noble if Influencers report on facts, without giving colour or spins, thereby harming the genuine cause of Men’s Rights Movement

DO WATCH:

Section 498-A Challenges | Discussion With Advocate Raghav Awasthi

LEAVE YOUR COMMENTS BELOW:

#AnubhavMohanty Granted Divorce: Fast Track Justice For Sitting MP Vs Struggle For Common Men

▪️2020: MP was charged u/s #498A & Domestic Violence
▪️Sep 2023: Family Court dismisses his divorce plea
▪️Dec 2023: Orissa HC reverses FC order#VoiceForMenhttps://t.co/ENsmPKKyg8

— Voice For Men India (@voiceformenind) December 22, 2023

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