B.N.DASH
BALABHADRA PRADHAN – Appellant
Versus
SUNDARIMANI DEVI – Respondent
B. N. DASH, J.
( 1 ) THIS appeal arises out of a suit for dissolution of marriage between the parties by a decree for divorce under Section 13 of the Hindu Marriage Act, 1955 (in short, 'the Act' ). Admittedly, the parties are Hindus and the appellant is the husband of the respondent, their marriage having been solemnised according to Hindu custom and rites in February, 1987. After the marriage they lived together as husband and wife peacefully for a period of three months in the house of appellant's brother in Puri town. Thereafter, the appellant-husband went away to Durgapur in the State of Madhya Pradesh where he was working as Sepoy in the Central Industrial Security Force attached to the steel plant. The respondent-wife went away to her parents' house which was also situated in Puri town at a very small distance from the house of the brother of the appellant. It is alleged by the husband that attempts were made to bring back the wife but the same having proved abortive, he had to institute O. S. No. 29 of 1979 (1) in the Court of the Subordinate Judge, Puri for restitution of conjugal rights under Section 9 of the Act on the ground that the wife had wilfully deserted him witho
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