SANTA KUMARI DAS Vs. JUDGE, FAMILY COURT, CUTTACK

JUDGEMENT

(1.) PETITIONER No. 1 is the wife of opposite party No. 2. Their daughter is petitioner No. 2. The petitioners have filed this writ petition challenging the judgment dated 18.4.2000 made in Civil Proceeding No. 262 of 1996 by which the learned Judge. Family Court, Cuttack, has directed dissolution of the marriage between petitioner No. 1 and opposite party No. 2 by a decree of divorce subject to the conditions that opposite party No. 2 would pay/deposit Rs. 25,000/ - towards permanent alimony of petitioner No. 1 and a further sum of Rs. 30,000/ - towards the marriage expenses of their daughter petitioner No. 2.

(2.) OPPOSITE party No. 2 commenced the aforesaid Civil Proceeding No. 262 of 1996 in the Court of learned Judge, Family Court, Cuttack by a petition under Section 22 of the Indian Divorce Act, 1869 read with Section 7 of the Family Courts Act, 1984 for a decree of divorce against petitioner No. 1 on the grounds of cruelty and desertion.

(3.) THE learned Judge, Family Court, by accepting the evidence of opposite party No. 2 held that the case of cruelty and desertion has been made out. Having regard to the fact that opposite party No. 2 was a government servant and was getting more than Rs. 5000/ - per month as salary, the learned Judge, Family Court directed payment of Rs. 25,000/ - towards permanent alimony of petitioner No. 1 and Rs. 30,000/ - towards the marriage expenses of petitioner no. 2.