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2000 Supreme(Ori) 332

P.K.TRIPATHY, PRADIPTA RAY
SABITANJALI PATTANAIK – Appellant
Versus
PRIYABRATA PATTANAIK – Respondent


Advocates Appeared:
B.JENA, L.PANGARI, P.Behera, P.K.Rout, R.CH.SAHU, S.M.Sukla, S.R.Patnaik

PRADIPTA RAY, J.

( 1 ) THE respondent filed an application under S. 13 of the Hindu Marriage Act for a decree of divorce on the ground of cruelty and desertion against the present appellant - wife. Originally the case was filed in the First Court of the Subordinate Judge, Cuttack (now Civil Judge, Senior Division ). Subsequently upon constitution of the Family Court the said case was transferred to the Family Court. Cuttack and registered as Civil Proceeding No. 65 of 1991. On August 6, 1994 the said case was taken up by the Family Court. The present appellant filed an application for adjournment on the ground of illness. The Family Court rejected the said application and took up the hearing of the case ex parte. The evidence of the present respondent was recorded, and application allowed.

( 2 ) THE respondent-husband in his application has accused the wife of behavioural aberrations like indifference to the husband, children and house-hold affairs,neglect of the husband and his relations, showing disrespect to the parents of the husband, obstinacy, anger, frequent outbursts, wanton destructions of personal belongings of the husband, sexual coolness, suspecting, infliction of ins























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