USHARANI LENKA AND PANIGRAHI SUBASH CHANDRA DASH @ SAHOO Vs. PANIGRAHI SUBASH CHANDRA DASH @ SAHOO AND USHARANI LENKA

JUDGEMENT

(1.) BOTH the appeals are directed against the order of the learned Judge, Family Court, Cuttack in Civil Proceeding No. 182 of 1997, wherein the learned Judge, -Family Court has granted divorce by dissolving the marriage between the parties subject to payment of permanent alimony of Rs. 40,000/ - by the husband to the wife.

(2.) PANIGRAHI Subash Ch. Dash @ Sahoo, (hereinafter called as "the husband") filed Civil Proceeding No. 182 of 1997 under Sections 12 and 13 of the Hindu Marriage Act read with Section 7 of the Family Courts Act for declaration that the marriage between him and Usharani Lenka (hereinafter to be called as "the wife") is null and void and also for a decree of divorce dissolving their marriage. The case of the husband as set out in the civil proceeding is that his marriage with Usharani Lenka was solemnized on 22.5.1997 according to Hindu Rites and Customs, But the marriage never consummated as the wife refused to have sexual relationship with him on the 4th night of their marriage and also on subsequent nights. Suspecting that the wife had recently undergone an abortion or has some permanent gynecological problem, he insisted for medical examination, but the wife refused to do so and left the matrimonial home only few days after the marriage. Since then she has been living with her parents and has avoided the company of the husband, All attempts to bring her back having failed, the husband was constrained to file the civil proceeding for dissolution of the marriage and a decree for divorce.

(3.) CONSIDERING the pleadings of the parties, the learned Judge, Family Court framed as many as four issues, received evidence from the parties and on consideration of the evidence and submission of the respective parties, passed a decree of divorce subject to payment of permanent alimony of Rs. 40,000/ - to the wife within two months from the date of the order. Aggrieved, the wife has preferred Civil Appeal No. 22 of 2001 challenging the decree of divorce and the quantum of permanent alimony. The husband has also filed Civil Appeal No. 23 of 2001 challenging the award of permanent alimony as a condition precedent for decree of divorce. Since both the appeals arise out of the same order and involve identical questions of fact and law, they are heard together and disposed of by this common order.