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1976 Supreme(Ori) 42

S.ACHARYA
Durjyodhan Pridhan – Appellant
Versus
Bengabati Dei – Respondent


Advocates Appeared:
D.K. Mohapatra, for Appellant; P.K. Misra, for Respondent.

Judgement

JUDGMENT:- The defendant in a suit for maintenance has preferred with appeal.

2. The plaintiff s case, in short, is that she is the legally married wife of the defendant; after her marriage in April, 1967, she stayed with the defendant for two years; thereafter the defendant ill-treated and assaulted her; and at last drove her away from his house in 1969 and never allowed her to stay in his house. In March,1972, the defendant again married another woman named Sashi alias Jibani Dei, with whom the defendant is still staying as husband and wife in his house.

3. The defendant s case is that he never married the plaintiff nor lived with her in his house for any time. According to him, after the death of his first wife Nayana alias Gouri Dei, his mother, on the persuasion of the plaintiff s mother and sister, insisted on him to marry the plaintiff, but as he did not agree to the said proposal and married Sashi Dei. His mother and sister were displeased and annoyed with him and so his mother left his house and since that time she is staying in the house of her daughter.

4. The court below on a discussion and consideration of the evidence on record has arrived at the finding that t









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