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B.K.NAYAK
Madhusmita Samant – Appellant
Versus
Rajesh Singh – Respondent


Counsel for the Parties:
For the Petitioner:Sujata Jena, B. Das, S. Chakravarty, T. Singh, S. Chankravarty and T. Sinha, Advocate
For the Opp.Party:Gautam Mishra, D.K. Patra and A. Das, Advocates

JUDGMENT

B.K. Nayak, J.—Order dated 29.7.2013 (Annexure-5) passed by the learned Judge, Family Court, Cuttack in C.P. No. 153 of 2009 rejecting the petitioner’s application for amendment of written statement, has been assailed in this writ application.

2. The opposite party is the husband of the petitioner. The marriage between the parties was solemnised on 11.5.2003 at Cuttack as per Hindu customary rites. The opposite party has filed Civil Proceeding No. 153 of 2009 in the Family Court. Cuttack under Section 13(1) (ia) for dissolution of the marriage alleging different forms of cruelty meted out by the petitioner to the opposite party. In the divorce petition, among others, it has been alleged that at the instance of the petitioner and her father, the opposite party allowed the petitioner to pursue her M.S. Course in New York Institute of Technology, TJSA, for which all expenses were borne by the opposite party, while he was serving in Japan. It is alleged in paragraph-7 of the divorce petition that while pursuing her study in New York, the petitioner got into a relationship with one Sattar, a Bangladeshi National, who called up the opposite party on phone and informed him about


















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