BIDHU BHUSHAN SWAIN Vs. MAMATA MAYEE JENA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 9-3-2010 passed by the learned Judge, Family Court, Cuttack in C. P. No. 657 of 2007 dismissing the application of the appellant filed under Section 13 of the Hindu Marriage Act for dissolution of the marriage by decree of divorce. The appellant is the husband of the respondent.

(2.) The facts as revealed from the record are as follows:

(3.) After receiving notice, the respondent filed her written statement alleging that the appellant has extramarital affairs with another lady. She also stated that she has come from a lower middle class family and due to different place of posting in service of both the husband and wife, it was not possible for them to stay at the village of the husband at Barimul, which is 50 Kms. from Cuttack in which event she has to change two buses. Therefore, she suggested to stay at Cuttack in order to facilitate both of mem to attend their place of work conveniently. The father-in-law also accepted the said proposal and accordingly they stayed at Cuttack in a rented house. At Cuttack also since the husband kept relationship with the another lady, she left the rented house and went to her father's house. She traversed all other allegations made by the husband and stated that she is ready and willing to stay with her husband, in case her husband mend his conduct. On the above pleadings, the parties adduced oral evidence as well as documentary evidence even examining other witnesses including themselves in support of their respective pleas.