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2018 Supreme(Ori) 324

INDRAJIT MAHANTY, BISWAJIT MOHANTY
Sujata Mohanty – Appellant
Versus
Rudra Charan Mohanty – Respondent


Advocates Appeared:
For the Appellants : M/s. Ramakanta Mohanty, D.K. Mohanty, S. Mohanty, D. Varadwaj, Ch. N.C. Dash, S.K. Mohanty, P. Jena, S.N. Biswal.
For the Respondent: Mr. Sidhartha Misra.

JUDGMENT :

BISWAJIT MOHANTY, J.

1. The respondent’s application under Section 13 of the Hindu Marriage Act, 1955 praying for decree of divorce having been allowed by the learned Judge, Family Court, Cuttack in Civil Proceeding No. 792 of 2004, the appellant has filed the present appeal.

2. The case of the respondent, who was the petitioner before the learned Judge, Family Court, Cuttack in the above noted Civil Proceeding is that he married the appellant on 30.01.2001 at the appellant’s residence at Banei. Prior to marriage, the appellant was serving as an Assistant Teacher at Town U.P. School in Banei. After solemnisation of marriage, both the parties lived as husband and wife and later, the appellant left for her service place at Banei. After some months of marriage, the appellant instigated the respondent to come and live at Banei permanently to which the respondent refused as he belonged to a joint family consisting of the elder brothers, their wives, children and his widow mother. During School Vacation and Holidays, the appellant-wife never came to Athagarh and on the eve of each such Vacation, the appellant-wife used to phone to respondent-husband to come to Banei. In such back












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