KUNI DEI @ KUNI BEHADI Vs. PABITRA MOHAN BEHADI

JUDGEMENT

(1.) Husband- Pabitra Mohan Behadi filed Civil Proceeding No.138 of 2000 seeking for a decree of divorce under Section 13 of the Hindu Marriage Act on the ground of adulterous life of his wife Kuni Dei with Nilu.

(2.) Kuni Dei, the wife filed Criminal Proceeding NO.291 of 2000 under Section 125 of the Cr.P.C. claiming maintenance from her husband Pabitra Mohan Behadi at the rate of Rs.500/- per month on the ground of his negligence and refusal to maintain her.

(3.) Since the parties to the dispute is same, learned Judge, Family Court, Cuttack passed an order on 14.12.2001 in C.P. No.138 of 2000 to hear both the matters analogously and accordingly they were heard together and judgment was passed on 21.08.2006 granting ex parte decree of divorce as against the wife Kuni Dei. Against the said judgment, Kuni Dei-wife has preferred an appeal bearing MATA No.55 of 2006 under Section 19 of the Family Courts Act to set aside the ex parte decree of divorce passed against her and also filed RPFAM No.15 of 2006 claiming maintenance of Rs.1500/- per month. Both the matters were heard together with the consent of learned counsel for both the parties.