NAMITA PATNAIK ALIAS MOHANTY Vs. DILLIP KUMAR PATTNAIK

JUDGEMENT

(1.) THIS appeal is preferred under Section 19(1) of the Family Courts Act by the unsuccessful defendant wife (appellant in the present appeal) being aggrieved by the judgment dated October 5,1996 passed by the Judge, Family Court, Cuttack in Civil Proceeding No. 186 of 1991.

(2.) DILLIP Kumar Pattnaik, the plaintiff husband (respondent in the present appeal), filed Civil Proceeding No. 186 of 1991 praying, inter alia, for a declaration that the document styled as 'Bibaha Bandhan Agreement' bearing Registration No. 703 dated 24.11.1986 registered before the Sub Registrar, Cuttack. is a fraudulent and fabricated one and that he had never married the defendant wife, Namita Mohanty and the latter is not his married wife as well as for other consequential reliefs.

(3.) AFTER receiving notice of the aforesaid proceedings the defendant appeared and filed written statement, inter alia, repudiating all the allegations made in the plaint. It is stated that parents of both families are known to each other for years. They belong to the same village and both the appellant and respondent were in love with each other and decided to marry. Further, it is asserted that, the marriage between the defendant and the plaintiff was solemnised according to the caste customs with proper ceremonies and in due form at Sarala Temple. It is further averred that after marriage, the couple led a blissful conjugal married life to the knowledge of the society for good number of days and resided as husband and wife at Samanta Sahi, Cuttack as well as at Athagarh. While the matter stood thus, the father of the respondent demanded dowry like Colour Television, Steel Almirah, Scooter, cash Rs. 10,000/ etc. which the father of the appellant, a poor man as he is, could not comply. Thereafter dissensions cropped up and the appellant was driven out of the family and the respondent was coerced by his parents to disown the agreement and to file the aforesaid suit.