JUDGMENT :

B.N. Mahapatra, J. - This appeal is directed against the judgment dated 24.09.2008 passed by the Judge, Family Court, Cuttack in Civil Proceeding No.316 of 2005 whereby the marriage solemnized on 22.06.1997 between the appellant and the respondent has been dissolved by a decree of divorce subject to payment of permanent alimony of Rs. 2,50,000/-.

2. The short facts giving rise to the present appeal are that the marriage of the wife-appellant Smt. Sasmita Nayak and respondent-husband Shri Gagan Bihari Dalai was solemnized on 22.06.1997 and they were blessed with two sons. The respondent-husband filed a Civil Proceeding under Section 13(1)(1-a) (iii) read with Section 5 (ii)(a) & (b) of Hindu Marriage Act against his wife-appellant seeking dissolution of marriage by grant of a decree of divorce. The grounds taken by the husband-respondent in the Civil Proceeding before the Judge, Family Court, Cuttack are as follows:-

(i) Marriage between the petitioner-husband and the respondent-wife was solemnized in violation of Section 5(ii) (a) and (b) of the Act;

(ii) Respondent wife has treated petitioner-husband with cruelty;

(iii) Respondent wife has given threat to commit suicide, tri