ABINASH SAMAL Vs. GITIPUSPA SAMAL

JUDGEMENT

(1.) The aforesaid three appeals have been filed by the appellant-husband against a common judgment dated 31.10.2011 passed by the learned Judge, Family Court, Jajpur in three Civil Proceeding Nos. 283, 445 and 446 of 2011. The appellant-husband filed C.P. No. 283 of 2011 (previously numbered as C.P. No. 10 of 2009 in the court of the Judge, Family Court, Cuttack) under section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') seeking dissolution of his marriage with the respondent wife on the grounds stated in the said petition which will be discussed in this common judgment later. C.P. No. 445 of 2011 (previously numbered as C.P. No. 97 of 2009 in the court of Judge, Family Court, Cuttack) and C.P. No. 446 of 2011 (previously numbered as C.P. No. 679 of 2009 in the court of the Judge, Family Court, Cuttack) are filed by the respondent wife under section 7(1) of the Family Courts Act and under section 18 of the Hindu Adoption and Maintenance Act, 1955 respectively seeking a decree for permanent injunction restraining the appellanthusband from getting married for the second time during her lifetime and subsistence of their marriage and for a direction to the appellant-husband to pay Rs. 15,000/- per month through the process of court as maintenance.

(2.) It appears from the impugned judgment that the learned Judge, Family Court recorded one set of evidence in all the three civil proceedings and appreciating such evidence passed the common impugned judgment.

(3.) The learned Judge, Family Court took up the application for dissolution of marriage, i.e., C.P. No. 283 of 2011 as the main petition in which evidence was lead and in the common judgment has dealt with the said pleadings and evidence first. Upon dealing with the same, the learned Judge, Family Court came to the conclusion that from the pleadings, the marriage between the parties is admitted and the respondent-wife staying in her matrimonial house for certain period is also admitted. After analyzing the evidence adduced by the parties and hearing them, the learned Judge, Family Court came to the following findings:-