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2000 Supreme(Ori) 326

A.S.NAIDU, P.RAY
Saudamini Lenka alias Mohapatra – Appellant
Versus
Khageswar Lenka – Respondent


ORDER

6.12.2000 — The appellant-wife has filed the aforesaid appeal under Sec. 19 of the Family Courts Act, inter alia, challenging the decree of divorce passed under Sec. 13 of the Hindu Marriage Act read with Sec. 7 of the Family Courts Act by the Judge, Family Court, Cuttack in Civil Proceeding No. 127 of 1997.

Several grounds were urged by the appellant challenging the aforesaid decree. However, in view of the fact that we are going to dispose of the appeal on point of law, we do not feel called upon to go into the disputed questions of facts, lest the same may prejudicially affect the subsequent litigation, if any.

Admittedly respondent-husband married the appellant accord¬ing to Hindu caste-customs and rites prevailing in the society on 19.5.1996. It appears that dissensions cropped up between the parties soon after the marriage culminating in filing of a petition under Sec. 13 of the Hindu Marriage Act by the hus¬band. The said petition was filed on 5.5.1997.

Sec. 14 of the Hindu Marriage Act reads as follows :

Sec. 14 (1) : Notwithstanding anything contained in this Act, it shall not be competent for any Court to entertain any petition for dissolution of marriage by a decre







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