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2018 Supreme(Ori) 767

S.K.MISHRA, A.K.MISHRA
Bandita Mishra – Appellant
Versus
Ramakrishna Mishra – Respondent


Advocates Appeared:
Counsel for Appellant : Mr. Sangram Rath.
Counsel for Respondent: M/s. Trilochan Panigrahi, D. Nayak, S. Biswal and S.C. Bairiganjan.
M/s.Ashok Kumar Mohapatra-I and S.Ch. Pati.

JUDGMENT

Dr. A.K. MISHRA, J. - This appeal, preferred by the –wife, is directed against the judgment dtd. 18.11.2014 of learned Judge Family Court, Puri in C.P. No.403 of 2010 whereby and where under the marriage between the appellant and respondent-husband was dissolved by a decree of divorce and the husband was directed to pay a sum of Rs.1,00,000/- towards permanent alimony of the wife and future maintenance of her daughter.

2. The petitioner married respondent on 25.5.2003 as per Hindu Caste and Customs. From their wed-lock, on 10.06.2005, a daughter was born. The wife, on account of ill-treatment meted out to her, stayed separately and for having not returned, the husband instituted a proceeding for divorce on 17.12.2010 on the ground of desertion since 05.12.2005.

The wife controverted the factum of desertion but admitted relationship and birth of a daughter. In her written statement, she had alleged second marriage of the husband and filing of FIR at Chandanpur Police Station.

Considering the rival pleadings, learned lower Court framed one issue “as to whether the respondent-wife deserted the petitioner-husband for a continuous period of not less than two years immediately p








































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