KALYANI DASH Vs. HIMANSU SEKHAR PANDA

JUDGEMENT

(1.) This Civil Appeal is directed against the judgment and decree dated 19-1-1995 passed by the learned Judge, Family Court, Cuttack in Civil Proceeding No. 96 of 1994 allowing dissolution of marriage between petitioner-husband and the opposite party-wife. Opposite party wife is the. appellant before us.

(2.) Admittedly, the petitioner and the opposite party are legally married husband and wife and the marriage took place according to Hindu rites and custom on 20-6- 1991.

(3.) The petitioner stayed with the opposite party for 24 days but on various pretext the opposite party did not allow the petitioner to consummate the marriage by cohabitation during the said period. The petitioner when applied physical force for having cohabitation, she turned violent and bit him. The petitioner who served in the Indian Navy went to his place of service at Visakhapatnam and the opposite party staying back in the house of petitioner for 3 months, left the matrimonial house and went to her parents place and did not return to the petitioner in spite of all persuasions by him to bring her back to establish conjugal relationship. Ultimately, the opp party came to Visakhapatnam with her brother-in-law (elder sister's husband) but there also she did not allow him to have cohabitation. The petitioner suggested medical check up of opp party to which she also bluntly refused. During her stay at Visakhapatnam, petitioner discovered from a letter of the respondent addressed to her brother-in-law that she was having physical affairs with him. Finally, she left the house of petitioner at Visakhapatnam with her brother-in-law leaving a message with the neighbours of petitioner and reached the house of parents of the petitioner and left her matrimonial house finally on 28-9-1992 for her parents place.