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2020 Supreme(Ori) 119

S.K.MISHRA, A.K.MISHRA
Bipasha – Appellant
Versus
Amitava Basu – Respondent


JUDGMENT :

1. This is an application under Sec. 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’ in brevity) filed by the petitioner-wife.

2. The facts hovering in the backdrop may be recapitulated thus:—

The petitioner-wife married opposite party on 11.03.2011 as per the Hindu rites and customs. It was an arranged marriage. On 26.03.2011 during fourth-night the husband detected burn injury from belly to the knee of the wife and the marriage was not consummated. On 28.03.2011 the wife was left to stay in her father's house. Since then both of them have been staying separately. The husband filed C.P. No. 82 of 2011 to declare the said marriage nullity under Section 12(1)(c) of the Act on the ground that his consent was obtained by fraud as to burn injury concerning the wife. The petitioner-wife also filed C.P. No. 216 of 2011 under Section 9 of the Act for restitution of conjugal rights. Both the petitions were taken-up by the learned Judge, Family Court, Rourkela for hearing. Finally vide judgment dated 28.1.2016 the proceeding of the wife for restitution of conjugal rights was dismissed. The prayer of the husband was allowed and the marriage was declared null

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