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2016 Supreme(Ori) 9

VINOD PRASAD, S.K.SAHOO
Bipin Kumar Samal – Appellant
Versus
Minarva Swain @ Samal – Respondent


Advocates Appeared:
For the Appellant : M/s. Rajashree Bahal, Kaberi Mohanty, Sasmita Nayak, Sarita Pani
For the Respondent: M/s. Ranjit Mohanty, Amulya Ku. Nayak

JUDGMENT :

S.K. Sahoo, J.

This matrimonial appeal under section 19 of the Family Courts Act, 1984 read with section 28 of the Hindu Marriage Act, 1955 has been filed by appellant Bipin Kumar Samal (hereafter “the appellant-husband”) challenging the impugned judgment and order dated 08.05.2015 of the learned Judge, Family Court, Cuttack passed in Civil Proceeding No. 370 of 2014 in dismissing the petition filed by the appellant-husband under section 13(1) of the Hindu Marriage Act, 1955 for dissolution of his marriage with Minarva Swain @ Samal (hereafter “the respondent-wife”) by a decree of divorce.

2. The appellant-husband filed the petition for divorce stating therein that his marriage with the respondent-wife was solemnized on 06.05.2011 as per the Hindu customs and rites and about three months after marriage, the respondent-wife started misbehaving with her in-laws family members in an aggressive manner. She used to throw away and destroy the utensils of the house and always persuading the appellant-husband to live separately in a rented house from the other family members. As the appellant-husband did not agree to such proposal given by the respondent-wife, she threatened him to

























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