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2017 Supreme(Ori) 974

I.MAHANTY, K.R.MOHAPATRA
Priyadarshani Mohapatra – Appellant
Versus
Lalmohan Mohapatra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M/s. L. Samantaray, R.L. Pradhan, G. Das & J. Samantaray
For the Respondent: M/s. K.K. Mishra & G. Agarwal

JUDGMENT :

K.R. MOHAPATRA, J.

1. This is an Appeal under Section 19 of the Family Courts Act, 1984 (for short, ‘Act 1984’) filed by Smt. Priyadarshani Mohapatra (for short ‘the wife’) assailing ex parte judgment dated 17.11.2017 passed by learned Judge, Family Court, Bhubaneswar in C.P. No.726 of 2015 filed by Sri Lalmohan Mohapatra (for short, ‘the husband’) under Section 13 of the Hindu Marriage Act, 1955 (for short, ‘the Act, 1955’).

2. The husband filed a petition under Section 13 of the Act, 1955 (C.P. No.726 of 2015) before the learned Judge, Family Court, Bhubaneswar contending inter alia that the marriage between the parties to the said petition was solemnized on 06.07.2014 as per Hindu rites and custom. As there was age difference of 12 years between the couple, the wife did not cooperate with the husband to lead a conjugal life. To bring a change in the mind of the wife, the husband on 23.08.2014 took a house on rent at Manipallem in Visakhapatnam, where the husband was posted and took his wife with hope to lead a happy conjugal life. However, on 28.09.2014, when the husband returned from work at about 7.00 PM, he found that the door of his residence was locked. Subsequentl























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