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1986 Supreme(Ori) 69

R.C.PATNAIK
PUSPALATA ROUT – Appellant
Versus
DAMODAR ROUT – Respondent


Advocates Appeared:
A.B.DASH, A.Routray, D.S.Nanda, G.H.PANDA, P.CH.MOHAPATRA, P.K.NANDA, P.K.Parida, R.C.RATH, S.C.DAS GUPTA, SESHADEV NANDA

R. C. PATNAIK, J.


( 1 ) THIS revision by the wife is directed against an appellate decision upsetting an order of the trial court recalling a decree passed by it under S. 13-B of the Hindu Marriage Act dissolving the marriage between the petitioner and the opposite party by a decree of divorce by mutual consent.

( 2 ) THE undisputed facts are that the marriage between the parties was solemnised on 18-6-1979. The first issue was born on 12-5-1980 and the second on 19-8-1981. On 9-2-1982 a joint petition was filed by the parties under S. 13-B of the Hindu Marriage Act (for short, 'the Act') for dissolution of marriage by a decree of divorce alleging that both the parties had fallen out and were living separately since 16-12-1980; the petitioner had deserted the opposite party and was residing at her father's place; attempts to bring about reconciliation between them had failed. The application was filed through a common lawyer. On 10-8-1982 just on completion of six months, a joint petition was filed by the parties making a motion for dissolving their marriage by a decree of divorce. The court examined the petitioner and the opposite party. She deposed that she was living separately













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