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2008 Supreme(Ori) 341

L.MOHAPATRA, I.MAHANTY
Narendra Kumar Mishra – Appellant
Versus
Binapani Sarangi – Respondent


Advocates:
For Appellant:M/s. S. P. Misra, S. K. Misra, S. Dash and S. Nanda
For Respondent:M/s. P. P. Ray, G. C. Das, S. N. Upad¬hyaya, P. K. Mohanty and A. K. Das

JUDGMENT

L. MOHAPATRA, J. — This appeal is directed against the judgment and order dated 22.1.2004 passed by the learned Judge, Family Court, Cuttack, in Civil Proceeding No.358 of 1995 dis¬missing the said petition.

2. The appellant had filed an application under Section 13 of the Hindu Marriage Act, 1955 against the respondent seeking dissolution of marriage.

3. The case of the appellant before the learned Judge, Family Court, Cuttack is that the respondent has come from a poor family and was brought up and educated by the elder brother of the appellant and after completion of her studies, she was ap¬pointed as an Asst. Teacher in Ranigola M.E. School. The appel¬lant was also working as a teacher at the relevant time. As per the proposal given by the elder brother of the appellant, the marriage of the appellant was solemnized with the respondent in the year 1971 according to Hindu rites and customs. Four daugh¬ters and one son (mentally retarded) were born to them in between 1971 to 1985. It is alleged by the appellant that after 1985, the respondent started interfering with the joint family affairs and developed hatredness towards his brothers and on one occasion she slapped his









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