TRUPTI DAS Vs. RABINDRANATH MOHAPATRA

JUDGEMENT

(1.) THIS appeal is directed against an order passed by the learned Judge, Family Court, Cuttack in Civil Proceeding No. 289 of 1994 under Section 13(1) of the Hindu. Marriage Act, 1955 directing a decree of divorce in favour of the appellant.

(2.) THE incontrovertible facts stated in the order passed by the learned Judge, Family Court is as follows : The marriage between the two spouses was solemnised on 10.2.1989 as per the Hindu rites and customs and thereafter both parties led their conjugal life for a period of 2 to 3 months. It is the case of the respondent that after few months of marriage the cordial relationship between both the spouses did not continue longer and there was frequent dissensions, discord and unhappiness developed from time to time as a result of which the appellant voluntarily left her place of work and, thereafter, did not return to the matrimonial house. It has been further narrated that the husband -respondent was always put to severe mental tension, shock and torture due to voluntary withdrawal of the appellant from the husband's company. The position further deteriorated on account of a criminal case being filed in G. R. Case No. 1910 of 1995 by the appellant under Section 406 of the Indian Penal Code read with Section 6(2) of the Dowry Prohibition Act. The said case is still pending final adjudication. The respondent -husband had therefore claimed to have suffered from severe mental set -back due to filing of the case by the appellant in the Criminal Court.

(3.) MR . Acharya, the learned counsel appearing for the appellant has strongly contended that the order passed by the learned Judge, Family Court has suffered from several legal as well as factual infirmities. It has been urged with strong intensity of conviction that the learned Judge, Family Court had not discussed even the grounds for granting a decree of divorce, particularly, when the appellant herself is agreeable to join the company of her husband. Therefore the decree of divorce in the aforesaid circumstance is not sustainable in law and it should be set aside. The judgment of the trial Court also appears to have suffered from a factual error inasmuch as the criminal case was filed after filing, of an application for divorce.