PRAMOD NAIK Vs. SUKANTI NAIK

JUDGEMENT

(1.) In this Civil Appeal appellant challenges the order passed by the learned Judge, Family Court, Rourkela under Sections 18 and 20 of the Hindu Adoption and Maintenance Act, 1956 (in short, the Act, 1956) in Civil Proceeding No. 52 of 2000 as per the impugned composite judgment delivered on 28-11-2000 in that proceeding along with Civil Proceeding No. 40 of 2000 under Section 9 of the Hindu Marriage Act, 1955 (in short, the Act, 1955) filed ,by the present appellant.

(2.) Marriage between the appellant and the respondent No. 1 was solemnized in the year 1993 and the respondent No. 2 was born out of the wedlock. Since May, 1997 matrimonial relationship disrupted and the respondent No. 1 with the minor child has been staying away from the society of the appellant. Appellant filed Civil Proceeding No. 40 of 2000 praying for restitution of conjugal rights on the ground that for no just cause respondent No. 1 dissociated from him. On the other hand, respondents filed Civil Proceeding No. 52 of ,2000 under Sections 18 and 20 of the Act, 1956, on the ground of cruelty, desertion and non-maintaining them by the appellant despite having sufficient means. Appellant is a Class-IV employee under the Rourkela Steel Plant and that is an admitted fact.

(3.) Both the cases were heard analogously and disposed of by the impugned common judgment. Learned Judge, Family Court, Rourkela framed the following three issues to adjudicate the inter se disputes between the parties.