SASMITA SAHOO @ SASMITA CHINARA Vs. PRAVAS KUMAR CHINARA

JUDGEMENT

(1.) 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 and Civil Proceeding No. 500 of 2005.

(2.) The parties to the proceeding are related to each other as husband and wife. Pravas Kumar Chinara is the husband and 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 C.S. No. 196/03/74/04 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 Judge, Family Court, Cuttack and was renumbered as C.P. 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 and 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 and 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.