JATINDRA KUMAR MISRA Vs. MANORAMA SATPATHY

JUDGEMENT

(1.) THE above described Jatindra Kumar Misra original appellant in Civil Appeal No. 39 of 1994 is the husband and Smt. Manorama Satpathy. appellant in Civil Appeal No. 38 of 1994 is the wife. For the sake of convenience they are described as husband and wife respectively.

(2.) HUSBAND filed Original Suit No. 54 of 1990 in the Court of Subordinate Judge, Cuttack praying for a decree of divorce or in the alternative for judicial separation. That suit being transferred to the Court of Judge, Family Court, Cuttack was registered as Civil Proceeding No. 104 of 1991. The husband pleaded that marriage between the parties was solemnised on 7.12.1985 in accordance with the Hindu rites and custom. By the date of marriage, husband was serving as a Lecturer at Chandikhol College, whereas the wife was serving as a teacher at Ochapada under Tangi P.S. in the district of Cuttack. They resided together at Chandikhol. A male child was born on 24.4.1987 out of the wedlock. According to the allegation made by the husband, attitude of the wife was 'sluggish, arduous and apathetic' towards the husband and she intended and insisted that the couple should reside at her father's house for the sake of her convenience. The husband did not agree to that proposal and therefore, shortly after giving birth to the male child the wife went and stayed in her parent's house and did not return in spite of best of his efforts and repeated approach to bring her back. Thus, advancing the case under Section 13(1) (i a) and (i b), the husband sought for, as noted above, a decree of divorce or alternatively a decree for judicial separation.

(3.) ON the basis of the aforesaid contentious pleading the following issues were framed by the Judge, Family Court.