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ORISSA HIGH COURT
ASWINI KU.TRIPATHY – Appellant
Versus
BASANTA M.TRIPATHY – Respondent


Advocates:
['M/S D P DHAL', '', 'P K ROUTRAY', 'A RATH', 'A NAYAK', 'K DASH', 'M/S S P MISHRA', '', 'B MOHANTY', 'S DASH', 'B PANIGRAI', 'S NANDA', 'S MISHRA', 'MISS S MISHRA']

W.P.(C) No.6940 of 2005

12.11.2015

Assailing the judgment dated 29.4.2005 passed by the learned Civil Judge (Sr.D

ivision), Keonjhar in Mat.Case No.5 of 2003, the instant petition is filed under Article 227 o

f the Constitution of India. By the said order, the learned trial court decreed the suit and h

eld that the petitioners are entitled to monthly maintenance of Rs.1200/- only from the respon

dent from the date of institution of the suit.

Heard learned counsel for the parties.

The opposite parties as petitioners instituted Mat.Case No.5 of 2003 before th

e learned Civil Judge (Sr.Division), Keonjhar under Section 18 of the Hindu Adoption and Maint

enance Act for maintenance impleading the petitioner as respondent. The case of the petitioner

s is that the parties are Hindus. Marriage of petitioner no.1 and the respondent was solemnize

d at Nischintapur, the village of the respondent. After marriage they resided together and are

blessed with a son, petitioner no.2. There was good matrimonial relation between them for abo

ut two years, but thereafter the respondent and his brothers and sisters started ill-treating

the petitioner n

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