NIBEDITA DASH Vs. BIRANCHI NARAYAN SATPATHY

JUDGEMENT

(1.) Since both the appeals arise out of a common order, they were heard together and are being disposed of by this common judgment.

(2.) Challenge has been made in these appeals by the wife to the order dated 15.7.2011 passed by the learned Judge, Family Court, Cuttack in Civil Proceeding Nos. 251 of 2003 and 204 of 2005.

(3.) The husband filed Civil Proceeding No.251 of 2003 under Section 12(1) (c) of the Hindu Marriage Act, 1955 (in short, "the Act") to declare the marriage with wife as void and in the alternative to grant a decree of divorce and permanently restrain her from claiming maintenance from him. The wife filed Civil Proceeding No.204 of 2005 under Section 9 of the Act for restitution of conjugal rights. The court below dismissed the application filed by the wife for restitution of conjugal rights on contest without cost and allowed the application filed by the husband on contest without cost and dissolved the marriage by a decree of divorce subject to payment of cost of Rs.3 lakhs as permanent alimony to the wife within three months from the date of the order.