LAWS(ALL)-2022-11-15

GAYATRI MOHAPATRA Vs. ASHIT KUMAR PANDA

Decided On November 03, 2022
Gayatri Mohapatra Appellant
V/S
Ashit Kumar Panda Respondents

JUDGEMENT

(1.) Heard Sri M.D. Singh Shekhar, learned Senior Counsel, assisted by Sri Vaibhav Goswami, learned counsel for the defendant-appellant and Sri Vishnu Singh, learned counsel for the plaintiff-respondent.

(2.) Briefly stated facts of the present case are that defendant - appellant/wife married with the plaintiff - respondent/husband on 10/6/1990 as per Hindu rites and rituals. Plaintiff - respondent is an I.P.S. Officer while the defendant - appellant is a Doctor holding M.B.B.S. Degree. The father of the plaintiff - respondent was in service of the Steel Authority of India, Raurkela while father of the defendant - appellant was Additional Director General of Police, Orissa and her mother has promoted a company known as JBS Capacitors Pvt. Ltd., Bhubaneshwar. Initially, the defendant - appellant joined the service in Health Department, Aligarh, but after three or four months she left it. She became Director in the aforesaid Company promoted by her mother. Son, namely, Aparajita Issan Narayan was born on 5/6/1991 from the wedlock of the plaintiff and the defendant at SCB Medical College, Cuttack.

(3.) It appears that dispute between the plaintiff and the defendant arose even before their son was born which led to various incidents. Ultimately the plaintiff - respondent filed case No.260 of 2000 (Ashit Kumar Panda Vs. Smt. Gayatri Devi) under Sec. 13 of the Hindu Marriage Act, 1955, in the Court of Principal Judge Family Court, Meerut, for divorce. In the plaint, amongst other allegations; the plaintiff - respondent has alleged in paras 5, 9, 10, 11, 14, 15, 16, 17, 18 and 19 as under: