A. K. PARICHHA, J.

( 1 ) BOTH the appeals are directed against the order of the learned Judge, Family Court, Cuttack in Civil Proceeding No. 182 of 1997, wherein the learned Judge, Family Court has granted divorce by dissolving the marriage between the parties subject to payment of permanent alimony of Rs. 40. 000/- by the husband to the wife.

( 2 ) PANIGRAHI Subash Ch. Dash @ Sahoo, (hereinafter called as "the husband") filed Civil Proceeding No. 182 of 1997 under Sections 12 and 13 of the Hindu Marriage Act read with Section 7 of the Family Courts Act for declaration that the marriage between him and Usharani Lenka (hereinafter to be called as "the wife") is null and void and also for a decree of divorce dissolving their marriage. The case of the husband as set out in the civil proceeding is that his marriage with Usharani Lenka was solemnized on 22-5-1997 according to Hindu Rites and Customs. But the marriage never consummated as the wife refused to have sexual relationship with him on the 4th night of their marriage and also on subsequent nights. Suspecting that the wife had recently undergone an abortion or has some permanent gynaecological problem, he insisted for medical e