JUDGMENT :

Biswanath Rath, J.

This is an Appeal under the provision of Section 39 of the Special Marriage Act, 1954 involving the judgment and decree dated 12.7.2010 & 26.7.2010 passed by the District Judge, Khurda at Bhubaneswar in O.S. No.20 of 2001 thereby allowing the suit dissolving the marriage between the appellant-wife, who has already reached at the age of 66 years and the respondent-husband, who has also reached at the age of 77 years presently.

2. Short background involving the case is that the respondent, as the plaintiff in O.S. No.20 of 2001, being Hindu entered into marriage with defendant-appellant solemnized on 17.8.1998 at Jeypore in the District of Koraput. After the marriage, both of them were in jointness. In August, 1998 both of them came to Bhubaneswar where the respondent was serving as an Assistant Commandant of the Traffic Training Institute. Plaintiff alleged that after the marriage, till the suit was filed the defendant was treating the plaintiff with constant mental and physical cruelty with her aggressive behaviour. Plaintiff also alleged that the defendant was not hesitating in behaving the plaintiff with discourteous language in presence of his son, jun