SMT. YOGITA SAHU Vs. SATYARAM SAHU

JUDGEMENT

(1.) By this appeal under Section 19 (1) of the Family Courts Act, the appellant has challenged legality and propriety of the judgment and decree dated 13-9-2011 passed by the Judge, Family Court, Raigarh in Civil Suit No. 29-A/2009, whereby the Family Court has dissolved the marriage solemnized between the parties by a decree of divorce materially on the ground that after decree of judicial separation, both the parties were living separately.

(2.) As per plaint allegation, marriage was solemnized between the parties on 1-12-2002, they resided together, children were born from the matrimonial relation between them and thereafter, dispute arose between the parties. The respondent filed petition for dissolution of marriage by a decree of divorce on 5-10-2007 vide Civil Suit No. 80-A/2007 which was heard in the Mega Lok Adalat and a consent decree of judicial separation with the consent of parties on the advice of Conciliator, was granted on 24-2-2008. Since 24-2-2008 there was no cohabitation between the parties and on the ground of such separation, petition for dissolution of marriage by a decree of divorce has been filed by the respondent.

(3.) By filing written statement, the respondent has denied the adverse allegation and has specifically alleged that after decree of judicial separation, there was cohabitation between the parties in the intervention of senior member of the community.