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2019 Supreme(Ori) 168

S.K.MISHRA, A.K.MISHRA
Taruna Kumar Gadabad – Appellant
Versus
Subhalaxmi Lenka – Respondent


Advocates Appeared:
Sankarsan Rath, Adv., Sangita Mohanty, Adv., D. Vardwaj, Adv., Ramakanta Mohanty, Adv., A. Mohanty, Adv., S. Rath, Adv., D. Mohanty, Adv., S. Mohanty, Adv., Sukumar Ghosh, Adv., Yeeshan Mohanty, Adv., Asit R Panigrahi, Adv.

JUDGMENT :

A.K. Mishra, J.

The unsuccessful husband has preferred this appeal U/s.19 of the Family Courts Act, 1984 challenging the judgment dtd.17.7.2012 passed in C.P. No.140 of 2010 by the learned Judge, Family Court, Khurda in dismissing the petition U/s13(1)(i-a) and (i-b) of the Hindu marriage Act, 1955 seeking divorce against the wife - respondent.

2. The facts not in controversy are that the husband, a service holder under BSNL, married respondent - wife as per Hindu rites and custom on 12.5.2008. Both of them were blessed with a son born on 16.2.2009. The wife stayed for a fortnight in the house of her father-in-law and then was taken by the husband to his service place at Srikakulam. Since 4.7.2008 the petitioner has been staying at his father's house at Bhubaneswar. The divorce petition by husband was filed on 20.4.2010 on the ground of desertion and cruelty.

3. Now descending to the controversial facts, the case of husband - petitioner is that wife did not like to reside with the plaintiff in his paternal house for which she was brought to the service place at Srikakulam where he was working as Jr. Accounts Officer of BSNL. The respondent was very adamant. She did not behav

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