S.N.PHUKAN, ARIJIT PASAYAT, ANUP DEB
MADHUSMITA NAYAK – Appellant
Versus
SIMADRI NAYAK – Respondent
S. N. PHUKAN, J.
( 1 ) DECREE for dissolution of marriage passed by learned Judge, Family Court, Cuttack in Misc. Case No. 89 of 1993 arising out of Civil Proceeding No. 83 of 1993 has come up before this Bench for confirmation as required under Section 17 of the Indian Divorce Act, 1869 (in short, the 'act' ).
( 2 ) ADMITTEDLY, parties are Christians and decree for dissolution of marriage can be passed if conditions mentioned in Section 10 of the Act are fulfilled apart from compliance of Section 11. The provisions run as follows: ''10. When husband may petition for dissolution.-Any husband may present a petition to the District Court or to the High Court praying that his marriage may be dissolved on the ground that his wife has, since the solemnization thereof been guilty of adultery. When wife may petition for dissolution. Any wife may present a petition to the District Court or to the High Court, praying that her marriage may be dissolved on the ground that since the solemaization there of her husband has exchanged his profession of Christianity for the profession of some other religion, and gone through a form of marriage with another woman ; or has guilty of incostuous adult
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