SUCHETA PRADHAN Vs. SANKARSAN NAYAK

JUDGEMENT

(1.) The present appeal has suffered a chequered history. The respondent who is the appellant's husband filed an application under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act') read with Section 7 of the Family Courts Act praying for passing a decree of divorce. The marriage of both the spouses, namely the appellant and respondent, was solemnised on 5-5-1997 in accordance with Hindu rituals. After such marriage, they led happy marital life for some time, but unfortunately no issue was born to them. The respondent has been working as a lecturer so also the appellant is working as a teacher in primary school. It has been alleged by the respondent that since there was frequent dissension, dispute and quarrel between himself and the appellant, it was impossible for him to continue with her. The appellant-wife was alleged to have behaved in such a fashion that it caused such mental cruelty which added extra load on the camel's back. Bitterness had risen to such an extent that she filed a criminal case before the J.M.F.C., Jajpur against the respondent. Therefore, the husband filed an application for granting a decree of divorce on the ground of mental cruelty.

(2.) The appellant on the other hand, strongly denied such allegation and claimed that she has been deserted, ill treated and neglected by the respondent. It is further claimed that the respondent is living with another lady, therefore, she had taken shelter with her parents-in-law.

(3.) Before the learned Judge, Family Court, the oral evidence has been led by both the parties and the matter was fixed to 12-10-1999 for further evidence to be adduced by the appellant. On that day since her witness could not come, the appellant filed an application for a short adjournment. But the said prayer did not weigh with the learned Judge, Family Court and, accordingly, he rejected the prayer made on her behalf and the evidence was closed. It was, therefore, fixed to 4-11-1999 for hearing. But due to cyclone, the matter could not be taken up and it appeared from time to time on different occasions. In the meanwhile, the appellant filed a writ petition in this Court challenging the order of the learned Judge, Family Court rejecting the appellant's prayer for adjournment and inter alia prayed for an interim stay of the proceeding pending before the learned Judge, Family Court. This Court in O.J.C. No. 13040 of 1999 granted stay of further proceeding of C. P. No. 93/1994 pending before the Family Court. The matter eventually appeared before the Family Court, on 10-8-2000 awaiting the information from this Court. But the respondent abruptly filed the certified copy of the order passed in O.J.C. No. 13040 of 1999, whereby the writ petition filed by the appellant was dismissed for default. So the Family Court fixed the matter to 20-8-2000 for argument.