JUDGMENT

Dr. B.R. Sarangi, J.

Husband-Pabitra Mohan Behadi filed Civil Proceeding No.138 of 2000 seeking for a decree of divorce under Section 13 of the Hindu Marriage Act on the ground of adulterous life of his wife Kuni Dei with Nilu.

2. Kuni Dei, the wife filed Criminal Proceeding NO.291 of 2000 under Section 125 of the Cr.P.C. claiming maintenance from her husband Pabitra Mohan Behadi at the rate of Rs.500/-per month on the ground of his negligence and refusal to maintain her.

3. Since the parties to the dispute is same, learned Judge, Family Court, Cuttack passed an order on 14.12.2001 in C.P. No.138 of 2000 to hear both the matters analogously and accordingly they were heard together and judgment was passed on 21.08.2006 granting ex parte decree of divorce as against the wife Kuni Dei. Against the said judgment, Kuni Dei-wife has preferred an appeal bearing MATA No.55 of 2006 under Section 19 of the Family Courts Act to set aside the ex parte decree of divorce passed against her and also filed RPFAM No.15 of 2006 claiming maintenance of Rs.1500/-per month. Both the matters were heard together with the consent of learned counsel for both the parties.

4. The fact of the case, in nut-shell, is that both Pabitra and Kuni had married in the year 1983. They led happy conjugal life for a period of sixteen years and out of their wed-lock three sons were born. By the time the dispute was filed, these three sons were aged about 13, 10 and 7 years respectively. Pabitra alleged that Kuni had developed illicit relationship with his cousin Nilu and was leading a adulterous life. In spite of several attempts being made to refrain her from such activities, she did not pay any heed to such request of Pabitra. Finding no other alternative, Pabitra filed a complaint case before the learned J.M.F.C., Baramba bearing I.C.C. No.13 of 2000 and the learned Magistrate referred the matter to the police, which was ultimately converted to G.R. Case No.19 of 2000. In the said proceeding, wife-Kuni was examined under Section 164 Cr.P.C., which was marked as Ext.4. Learned Judge, Family Court, Cuttack relying upon the complaint, which was turned to G.R. Case No.19 of 2000 as Ext.1 and Exts.5 to 7, the certified copy of the Panchayat Faisalanama, dissolved the marriage solemnized between Pabitra and Kuni by passing a decree of divorce on 21.08.2006, which is impugned in MATA No.55 of 2006.

5. Though Nilu had appeared and filed written statement, he has been set ex parte on 3.11.2003 whereas Kuni filed written statement denying all the allegations made by Pabitra and also stated that 6-7 months prior to May, 2000 Pabitra physically assaulted her and drove her away from his house and thereafter sent his younger cousin Nilu to her father’s house, conveyed his desire to talk with her in her uncle’s house. Believing that her husband is attempting to take her back, she went to her uncle’s house with Nilu, the cousin of Pabitra. Suddenly, the police appeared with her husband Pabitra and took her along with Nilu and influenced her to tell against Nilu to let her free from blames, as a result her statement was recorded before the Magistrate under Section 164 Cr.P.C. and, as such, she has expressed her ignorance about the statement recorded in the Court and she has completely denied to have adulterous life with Nilu, who is of the age of her elder son. The reasons for filing of the application by Pabitra is due to the fact that Kuni after giving birth to three children became weak, but Pabitra did not take care of her health rather tried to marry another lady of his choice and started assaulting her. Ultimately Pabitra married to Gita alias Gitarani Pradhan, daughter of Laxmidhar Pradhan of village Ratagarh, Banki in a Durga Tample on 11.07.2000 at village Mahulia, in the district of Cuttack and also enjoyed bigamous married life.

6. Pabitra was serving in a local Spinning Mill and was getting Rs.2,500/-per month. In the maintenance proceeding bearing Criminal P