L. Mohapatra, J.—All the three appeals arise out of a common judgment passed by the Learned Judge, Family Court, Cuttack dated 22.3.2010 in Civil Proceeding No.150 of 2003 & Civil Proceeding No.500 of 2005.

2. The parties to the proceeding are related to each other as husband & wife. Pravas Kurmar Chinara is the husband & had filed C.P. No.150 of 2003 in the Court of the Learned Judge, Family Court Cuttack under Section 13 of Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce. Sasmita Sahoo, the wife had filed CS No. 196/3/74/4 in the Court of the Learned Civil Judge (Senior Division), Bhubaneswar under Section 18 of Hindu Adoption and Maintenance Act, 1956 claiming maintenance and subsequently it was transferred to the learned Single Judge, Family Court, Cuttack and was renumbered as CP No. 500 of 2005. Both the Civil Proceedings were taken up together by the Learned Judge, Family Court, Cuttack and were disposed of in a common judgment impugned in all the three appeals.

3. The husband, Pravas Kumar Chinara had filed the suit on the following facts & grounds. He married Sasmita Sahoo on 3.2.1999 as per Hindu rites and customs. After marriage, they stayed at Bidanasi till 25.2.1999 in the town of Cuttack and thereafter he left to his place of service but was coming to his house at Bidanasi once in a month to see his wife Sasmita & other family members. It is alleged by him that in the very first night after marriage Sasmita expressed her dislike for him on the ground of low financial status and she asked him to live separately from his family before consummating the marriage. She went to her parents house eight days after the marriage and when she returned back, her behaviour had completely changed towards him and she also subjected him to cruelty. In the first week of September, 1999 he took her to his official accommodation in his service place and she stayed there till November, 1999. In November, 1999 when she came to his house, she started ill-treating his family members. On 17.1.2000 she went to her parents house and started threatening that she would put him and his family members in jail unless he gets separated from his parents. Meanwhile, a criminal case was started at the instance of her father against him and his family members. Therefore, he had no other option except filing the suit on the ground of desertion and cruelty.

4. The wife, Sasmita Sahoo had filed a written statement stating therein that at the time of marriage, there was a demand of cash of Rs.1,00,000, refrigerator and washing machine etc. After marriage, she stayed with her husband from 4.2.1999 to 25.2.1999 and during that period, she was tortured by her husband and in-laws for not bringing dowry. In view of such conduct, her father gave Rs. 35,000 to her father-in-law on 25.2.1999. She further alleged that she was subjected to torture, was not allowed food and she was also not allowed to contact her parents over telephone, in September,1999 her husband took her to his place of service in Chhattisgarh and they stayed together till November, 1999. During their stay at Chhattisgarh, she was tortured and assaulted on several occasions by her husband. After she came back to Cuttack in November, 1999 she was again subjected to torture and only on 17.1.2000 her brother-in-law, namely, Prakash and Manmath brought her in a taxi from Cuttack to Bhubaneswar and left her at Master Canteen Chhak and went back to Cuttack. From 17.1.2000 she is residing with her father at Bhubaneswar. Her father not being financially sound is not able to maintain her and therefore, she had filed C.P. No.500 of 2005 under Section 18 of Hindu Adoption and Maintenance Act, 1956 demanding payment of maintenance of Rs.5,000 per month. In both the proceedings, two witnesses were examined on behalf of husband-Pravas Kumar Chinara and three witnesses were examined on behalf of wife Sasmita Sahoo.

5. Learned Judge, Family Court on analysis of the ent