SABITANJALI PATTANAIK Vs. PRIYABRATA PATTANAIK

JUDGEMENT

(1.) The respondent filed an application under S. 13 of the Hindu Marriage Act for a decree of divorce on the ground of cruelty and desertion against the present appellant - wife. Originally the case was filed in the First Court of the Subordinate Judge, Cuttack (now Civil Judge, Senior Division). Subsequently upon constitution of the Family Court the said case was transferred to the Family Court. Cuttack and registered as Civil Proceeding No. 65 of 1991. On August 6, 1994 the said case was taken up by the Family Court. The present appellant filed an application for adjournment on the ground of illness. The Family Court rejected the said application and took up the hearing of the case ex parte. The evidence of the present respondent was recorded, and application allowed.

(2.) The respondent-husband in his application has accused the wife of behavioural aberrations like indifference to the husband, children and house-hold affairs,neglect of the husband and his relations, showing disrespect to the parents of the husband, obstinacy, anger, frequent outbursts, wanton destructions of personal belongings of the husband, sexual coolness, suspecting, infliction of insult and humiliation to the husband. In his lengthy application the husband has given detailed account of the wife's alleged behaviour pattern, acts of cruelty and ultimate desertion.

(3.) The wife-appellant has filed an equally lengthy written statement denying and controverting the allegations made in the application. In her written statement the wife has made serious counter-allegations against the behaviour and character of the husband describing him to be drunkard, womaniser, arrogant, oppressive and violent and accusing him of indulging in bestial activities including merciless beating of the wife.