NALINI PRAVA BEHERA Vs. AKSHAYA KUMAR BEHERA

JUDGEMENT

(1.) THIS appeal is directed against the order passed by the learned Judge, Family Court, Cuttack in Civil Proceeding No. 8 of 1995 and Criminal Proceeding No. 263 of 1995, arising out of applications under Section 13(1) of the Hindu Marriage Act and Section 125 of the Code of Criminal Procedure respectively. The respondent -husband Akshaya Kumar Behera had filed the application under Section 13(1) of the Hindu Marriage Act for a decree of divorce on the ground of cruelty and desertion. On the other hand, the appellant Nalini Prava Behera along with her two children, one son and one daughter, had filed the application under Section 125, Cr. P.C. praying for maintenance. Both the cases were heard together and disposed of by a common order.

(2.) UNDISPUTEDLY , the marriage between appellant No. 1 and the respondent was solemnised according to Hindu rites and customs in May, 1984. After consummation of the marriage, both the parties led a happy conjugal life. Two children, one male and other female, were born to them. However, in course of time, there was dissension, discontentment and discord between them. Ultimately, the husband filed an application for divorce alleging cruelty and desertion against the wife. During the pendency of the divorce proceeding, an application for issue of a search warrant was filed by the father of appellant No. 1 as a consequence whereof she along with her two children were recovered from the residence of the respondent -husband. Thereafter, they used to live with the parents of appellant No. 1. Subsequently the wife filed an application for maintenance on the ground of desertion.

(3.) BOTH the parties have been residing separately for the last more than eight years and hardly there is any chance of their reunion. Many attempts were made for reconciliation but the marital tie between them came to an irretrievable end. Keeping this in mind and also considering the evidence available on record, the learned Judge, Family Court, granted a decree for divorce and directed the respondent -husband to pay a sum of Rs. 50.000/ - towards permanent alimony. He also directed the respondent to pay Rs. 750/ - per month for the maintenance of the two children.