PRATIMA BISWAL Vs. AMULAY KUMAR BISWAL

JUDGEMENT

(1.) This appeal is directed against the judgment/ order passed by the learned Judge, Family Court, Cuttack in Civil Proceeding No. 131 of 1995 filed under S. 12(1)(b) of the Hindu Marriage Act (here-in-after referred to as the 'Act').

(2.) The facts leading to filing of this appeal are as follows :-Undisputedly the appellant is the wife of the sole respondent whose marriage was solemnised on 7-6-1998 according to Hindu rites and customs. Immediately after marriage the parties lived peacefully for some time, but thereafter, bitter feeling arose in their conjugal life as the appellant asked the respondent to live separately from his parents. Since the respondent did not agree to the suggestion, therefore there was ill-feeling and dissension between them. The respondent in order to satisfy the appellant brought her to Cuttack for some time, but the position did not improve. Out of their wedlock a daughter was born to them who is admittedly residing with the sole respondent. Since respondent did not take care of the appellant nor provide her maintenance, therefore, she was obliged to file a Criminal Proceeding under S. 125 of the Code of Criminal Procedure in which the Court directed the respondent to pay the appellant Rs.350/- per month. The appellant claimed that she could not endure the ill-treatment, harassment and torture meted out to her by the respondent, and, therefore, she has taken shelter in her parents' house.

(3.) Respondent-husband had claimed that the appellant voluntarily withdrew herself from the society of the respondent and there is no chance of joining them together. Therefore, in the aforesaid circumstance, there should be a decree of divorce passed against the appellant.