BASANTI MOHANTY ALIAS RAUT Vs. PARIKHIT ROUT

JUDGEMENT

(1.) The appellant who was the petitioner in Criminal Proceeding No. 166 of 1993 under Section 18 of the Hindu Adoptions and Maintenance Act has challenged the validity, propriety and legality of the order passed by the learned Judge, Family Court, Cuttack dated 16-7-1999 whereunder the application filed by the appellant was dismissed.

(2.) The factual matrix leading to this appeal is as follows : That, both the appellant and the respondent are the residents of village Kapaleswar within the district of Kandrapara. Their houses are very close to each other. It has been alleged by the appellant that there was a pre-marital affair between the appellant and the respondent which culminated in marriage on 10/07/1987. Immediately after the marriage both the spouses led a happy conjugal life, but their relationship gradually deteriorated on account of the respondent insisting for more dowry articles from the parents of the appellant. She was subjected to unabated torture and harassment on account of non-fulfilment of dowry demand. The appellant_s father could not satisfy the unsatisfied greed for dowry articles. Ultimately, therefore, the respondent drove his wife from the matrimonial home. Thus the appellant has been staying in her parents_ house.

(3.) The respondent had filed his written statement denying the factum of marriage with the appellant. It is stated that he is still a bachelor and working as a Lecturer in Balia Womens_ College since 1991. It has been very emphatically stated that since the marriage is in dispute, therefore, the appellant cannot take shelter of the Family Court by invoking provisions of Section 18 of the Hindu Adoptions and Maintenance Act.