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2003 Supreme(Ori) 868

P.K.MISRA, A.K.PATNAIK
Sabitri Senapati – Appellant
Versus
Judge, Family Court, Cuttack – Respondent


Advocates:
For Appellant:M/s. M. Sinha, J. K. Mohanty, S. K. Mohanty (2) and A. K. Behera
For Respondents:M/s. Srinivas Mohanty, D. K. Moha¬patra, A. Sarmadi, S. Moharana, B. Dutta Panda, D. K. Mohapatra, Kamil Rashid, P. K. Singh and Miss S. Rautray, (For respdt. No. 2)

JUDGMENT

A. K. PATNAIK, J. — This is an appeal under Section 19 (3) of the Family Courts Act, 1984 against judgment dated 12.7.1999 of the Judge, Family Court, Cuttack in Civil Proceeding No. 313 of 1997 dissolving the marriage between the appellant and the respondent No.2 by a decree of divorce subject to payment of Rs. 40,000/- by the respondent No. 2 to the appellant towards perma¬nent alimony.

2. The brief facts are that the respondent No. 2 filed the aforesaid Civil Proceeding No. 313 of 1997 in the Court of the Judge, Family Court, Cuttack for dissolution of the marriage of the appellant with the respondent No. 2. The case of the respon¬dent No.2 in the petition of divorce was that he marriage between the appellant and the respondent No. 2 was solemnized on 29.5.1996 at Athgarh, but soon after the marriage, the respondent No.2 received an anonymous letter from someone alleging that the appellant had relationship with him. On enquiry it was revealed that the father of the appellant had lodged an F.I.R. bearing No. 55/95 on 7.4.1995 at Gundichapara Sadar Police Station of Dhenka¬nal alleging that one Bana alias Pramod Senapati was attempting to kidnap the appellant. On the basi




















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