JUDGMENT :

B.P. Das, J. - This Appeal has been filed by the Appellant, who was the Opposite Party in Civil Proceeding No. 782 of 2004 filed by the Respondent for dissolution of marriage u/s 13 of the Hindu Marriage Act, 1955 (in short, 'the Act'), on the ground of cruelty and desertion. The Civil Proceeding was finally decided by the Family Court, Cuttack, by Judgment dated 20th September, 2007 allowing the divorce u/s 13 of the Act by dissolving the marriage solemnized between the parties on 30th November, 1992. The Appellant has raised the following questions of law for adjudication in this appeal:

A. Whether the Learned Judge, Family Court, Cuttack was right in passing the decree of divorce u/s 13 of the Act when a proceeding u/s 9 -thereof was pending consideration before the same Court for restitution of conjugal right?

B. Whether the decree of divorce can be passed on the ground of cruelty without observing that the marriage between the parties has broken down irretrievably and there is no scope for conciliation?

C. Whether the Learned Judge, Family Court can pass a decree of divorce on the ground of cruelty without giving a scope to the Respondent in the Civil Proceeding for lea