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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY, CHITTARANJAN DASH
Kalpana Tripathy – Appellant
Versus
Arun Kumar Panda – Respondent
| Table of Content |
|---|
| 1. grounds for divorce and background details. (Para 3 , 4) |
| 2. criteria and implications of desertion. (Para 5) |
| 3. confirmation of established desertion. (Para 6) |
| 4. alimony considerations and modifications. (Para 7) |
| 5. final order on divorce and financial support. (Para 8) |
JUDGMENT :
B.P.Routray, J.
1. Heard Mr. P.Mohanty, learned counsel for the Appellant – Wife.
2. None appears on call for the Respondent-Husband and as seen from the order sheet the Respondent remains absent for last two consecutive dates.
3. Present appeal is directed against impugned judgment dated 3rd October 2023 of learned Judge, Family Court, Dhenkanal passed in C.P. No.11 of 2023, wherein the prayer of the husband was allowed granting decree of divorce with further direction to pay the permanent alimony of Rs.8,00,000/- in favour of the wife.
4. The parties married on 18th April 2014 and blessed with two daughters out of their wed-lock. As per the facts revealed, the wife is residing separately along with two minor daughters at Kamakhyanagar. The husband is serving in clerical cadre in Indian Army and as per the materials produced on record he was drawing monthly salary of Rs.64,355/- in the year 202
Desertion as a ground for divorce requires proof of separation and intent to cease cohabitation, alongside consideration for appropriate alimony factoring the welfare of minor children.
Prolonged separation without lawful reasons constitutes desertion, justifying the grant of divorce under the Hindu Marriage Act.
The court upheld the divorce as mutual consent was reflected in prolonged separation, emphasizing the need for permanent alimony considering the parties' financial circumstances.
The judgment establishes the grounds for divorce based on cruelty and desertion under the Hindu Marriage Act, 1955, and emphasizes the importance of evidence in proving these grounds.
The irretrievable breakdown of marriage, while not a direct ground under the Act, can justify divorce on desertion grounds when cohabitation has ceased and relationships are beyond repair.
The court established that allegations of cruelty must be substantiated with evidence, and the absence of such evidence can lead to the dismissal of divorce petitions.
Family and Personal Law - Seeking divorce - Ground of desertion - It is obligation of the court and all concerned that marriage status should, as far as possible, as long as possible and whenever pos....
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