KALPATARU SWAIN Vs. SHANTILATA SWAIN

JUDGEMENT

(1.) RESPONDENT -wife, Shantilata Swain instituted Civil Proceeding No. 38 of 1997 before the Family Court, Rourkela for restitution of conjugal rights and custody of children. Appellant -husband, Kalpataru Swain initiated Civil Proceeding No. 92 of 1997 in the said Family Court for a decree of divorce on the ground contained in Section 13(1), (la) of the Hindu Marriage Act (hereinafter referred to as 'The Act').

(2.) FAMILY Court by its judgment dated October 5, 1999 allowed the application for restitution of conjugal rights and granted an alimony of Rs. 700/ - per month in favour of the wife. By a separate judgment dated October 5, 1999 Family Court dismissed husband's application for divorce.

(3.) IN these proceedings under the Act, both husband and wife have made mutual allegations and counter allegations against each other. Both the parties have alleged cruelty, both mental and physical, torture and adulterous life against each other. Family Court in its judgment in the proceeding for restitution of conjugal rights has recorded a finding that the wife gave birth to a son out of an incestuous relationship with somebody, but held the husband responsible for forcing such a situation on the wife because of his cruel and harsh behaviour. Nature of the allegations exposes bitter relationship although admittedly four children have been born out of the wed -lock.