BISWAJIT DASH Vs. MILAN DASH

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 17.03.2011 passed by learned Judge, Family Court, Bhubaneswar in Civil Proceeding No. 11/2011/Mat-340/2007 granting dissolution of marriage with a decree of divorce and payment of permanent alimony of Rs.15,00,000/- including Rs.4,00,000/- towards properties retained to the respondent-wife within two months, failing which the same shall be recovered by putting the decree into execution and assessed the cost at Rs.10,000/- which the appellant-husband shall pay to the respondent-wife.

(2.) The admitted fact is that appellant-husband and respondent-wife were married on 04.02.2005 at Bhubaneswar according to Hindu rites and customs. They lived together for a few weeks after their marriage. They have no issue. The appellant-husband flew back to his place of service in United Kingdom and the respondent-wife returned to her parent's house. On the allegation of dowry demand and cruelty against her husband-appellant and her in-laws, the respondent-wife lodged an F.I.R. in Mahila Police Station, Bhubaneswar on 15.2.2008, which was registered as Mahila P.S.Case No. 30 of 2008 (Ext.1). The appellant-husband filed Civil Proceeding No.11 of 2011 before the learned Civil Judge (Senior Division), Bhubaneswar under Section 13(i)(i-B) and (iii) of the Hindu Marriage Act for dissolution of marriage by granting a decree of divorce.

(3.) In the Civil Proceeding attempts were made by the court for conciliation. Though the respondent-wife was present, the appellant-husband remained absent. However, the respondent-wife filed a counter claim also for dissolution of marriage and return of her articles and for permanent alimony. Learned Judge, Family Court, Bhubaneswar heard both the civil proceeding filed by the appellant-husband and the counter claim filed by the respondent-wife analogously and disposed of both the proceedings by judgment dated 17.3.2011.