PRAFULLA KUMAR NATHSHARMA Vs. JAYANT NATHSHARMA AND ANR.

JUDGEMENT

(1.) THE husband, who was the Petitioner before the learned Judge, Family Court, Cuttack, in a proceeding under Section 13 of the Hindu Marriage Act, has filed this appeal against the order of the trial Court, whereby, while allowing the prayer for divorce, the Appellant has been directed to pay a sum of Rs. 70,000/ - as permanent alimony to the Respondent -wife.

(2.) THE Appellant filed an application under Section 13 of the Hindu Marriage Act for dissolution of the marriage, which was solemnized between the parties some time in 1978. It was alleged by the Appellant that in the year 1981, the Respondent -wife developed extra -marital relationship with one Gangadhar Nathsharma, which was subsequently detected by his family members. The further allegation leveled by the Appellant was that since the Respondent -wife was of easy virtue, it was impossible to continue to live with her. He had taken her to a Gynecologist, who had opined that the Respondent wife is in capable of being a mother due to inherent defect. The matter was referred to a Panch and bilaterally there was a divorce as far back as on 16.10.1988.

(3.) THE Respondent -wife denied all the allegations and pleaded that on account of physical and mental agony caused by the Appellant and she being treated cruelly, it became impossible for her to live with the Appellant. Accordingly, she had no other alternative but to leave her marital home and take shelter in the house of her father.