SANJUKTA JENA Vs. SUKANTA KUMAR JENA

JUDGEMENT

(1.) ON consent of both parties, the Civil Appeal No. 24 of 2000 and Criminal Revision No. 362 of 2002 are taken up together and disposed of by this common order.

(2.) THE appellant -opposite party is the legally married wife of the respondent -petitioner and their marriage was solemnised on 5.6.1990 according to Hindu Rites and customs. After consummation of marriage, both the parties continued to live together till 9.2.1991. It is alleged by the appellant -wife that when the respondent -husband initiated a proceeding under Section 13 of the Hindu Marriage Act, 1955 against her before the learned Judge, Family Court, Cuttack, they could not continue any longer under one roof. Therefore, the appellant -wife was constrained to remain separately from him.

(3.) THE respondent -husband on the other hand alleged that he has been living in a joint family with his parents, brothers and other members. After solemnisation of the marriage, the appellant -wife consistently insisted him to live separately from the joint family, as a result of which, the family peace and happiness was disturbed to a great extent. It has been further stated by the respondent -husband that the appellant -wife behaved in a cruel manner, for which it was impossible for him to continue with her. Since the appellant -wife deserted the respondent -husband and went away from the marital home to her father's house out of her own free will, the respondent -husband prayed for a decree for divorce.