Judgement

PASAYAT, J. :- Marriages are made in heaven, it is said. But, looking at the large number of litigations coming to Courts seeking judicial separation, divorce, grant of maintenance what comes to mind is Shakespeare s words in Merchant of Venice : "The ancient saying is no hersay, Hanging and wiving go by destiny." The immortal writer had written : "A young man married is a man that s marred" (in "Alls Well That Ends Well ).

2. Appellant Smt. Satyabhama Nayak (hereinafter referred to as the wife ) and respondent Narendra Kumar Nayak (hereinafter referred to as the husband ) entered into marital ties on 6-6-1982. They were blessed with a child. Husband filed T.S. No. 92 of 1990 in the Court of Sub-Judge, Rourkela (now Civil Judge, Sr. Divn.) seeking a decree of divorce under S. 13 of Hindu Marriage Act, 1955 (in short, the Act ) on the ground of desertion. Subsequently, the suit was transferred to the Court of learned Judge, Family Court. Cuttack on the basis of order passed in MJC No. 47 of 1991 filed by the wife and was registered as Civil Proceeding No. 446 of 1991. Criminal Misc. Case No. 117 of 1991 was filed by the wife and her son for maintenance in terms of S. 125 of