RAJASHREE SAHOO Vs. RAGHUNATH BARAL

JUDGEMENT

(1.) Appellant-wife, aggrieved by judgment dtd. 6/4/2023 of the family Court, has preferred the appeal. She had filed for divorce but by impugned judgment, the civil proceeding was dismissed.

(2.) Mr. Behera, learned advocate appears for appellant-wife. He submits, the marriage was not consummated. This was on omission of respondenthusband. As such, his client having brought the civil proceeding beyond one year from the date of marriage, the omission amounted to cruelty and was good ground made out under clause (i-a) of Sec. 13(1) in Hindu Marriage Act, 1955, for there to be decree for dissolution of the marriage. Impugned judgment be set aside in appeal and the marriage dissolved.

(3.) Mr. Behera submits, the family Court failed to appreciate the law of evidence regarding case of a party to be made out as well as suggested to the other party at trial. On behalf of his client, a Division Bench judgment of the Calcutta High Court on case of a party required to be put to the other party at trial as in A.E.G. Carapiet vs A.Y. Derderian, reported in AIR 1961 Cal, 359 was cited.