B.P.RAY, A.S.NAIDU
Poonam Mehta alias Poonam Prasad – Appellant
Versus
Naresh Prasad – Respondent
JUDGMENT
A.S. NAIDU, J. — The judgment dated 19th April, 2004 passed by the Judge, Family Court, Rourkela in Civil Proceeding No.155 of 2001 dissolving the marriage solemnized between the parties by a decree of divorce is assailed by the appellant-wife.
2. The parties got married at Dhanbad according to Hindu rites and customs. The marriage was consummated at Rajgangpur in the district of Sundargarh. A proceeding was initiated by the husband under Section 13(1)(ia) and (ib) of the Hindu Marriage Act read with Section 7 of the Family Courts Act with a prayer for dissolution of the marriage by a decree of divorce on the ground of cruelty and desertion by the wife. According to him, after fifteen days of the marriage the wife expressed her reluc¬tance to stay with the family of the husband and insisted on him to send her back to her parent’s house. Consequently he sent her with her father to Dhanbad. Five days after her departure, he went to his place of posting at Bhutan. In June, 1993 for avail¬ing summer vacation he came to Rajgangpur when his wife joined him and both of them lived together for about ten days where-after he went back to Bhutan to resume his duties leaving the wife
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