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2008 Supreme(Ori) 505

A.S.NAIDU
Upendra Chandra Patnaik – Appellant
Versus
Soubhagini Mohanty – Respondent


Advocates:
For Appellant:Mr. S. S. Rao & Associates
For Respondent:Mr. S. P. Misra & Associates

JUDGMENT

A. S. NAIDU, J. — Respondent Soubhagini Mohanty had filed Title Suit No.318 of 1994 in the Court of the learned Civil Judge (SD), Bhubaneswar praying for a decree for recovery of arrears of maintenance from her husband Upendra Chandra Patnaik, the appel¬lant amounting to Rs.72,000.00 as also for regular maintenance from him at the rate of Rs.2,000.00 per month.

2. The averments made by her in the plaint reveal that she had married Upendra on 26th February, 1977 at Bhubaneswar. They led a blissful married life for some time, but thereafter due to torture on her, on demand of dowry by Upendra, she was compelled to leave her matrimonial house on 24th December, 1978.

Intervention of the family members and well-wishers of the parties yielding no result, ultimately in the year 1983 Soubhagi¬ni filed Title Suit No.209/83 before the then Subordinate Judge (now Civil Judge, Senior Division), Bhubaneswar under Section 13 of the Hindu Marriage Act seeking divorce. During pendency of the suit though the said Court had directed payment of interim maintenance of Rs.300.00 to Soubhagini, ultimately the suit was dismissed on 31st October, 1987.

Being aggrieved by the judgment dated 31st O




















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