KHIROD MOHARANA Vs. SANJUKTA MOHARANA

JUDGEMENT

(1.) This is an appeal by the appellant-husband Khiroda Moharana under Section 19(1) of the Family Courts Act, 1984 challenging the impugned judgment and order dated 26.3.2011 of the learned Judge, Family Court, Puri passed in C.P. No.49 of 2010 in dismissing the petition of the appellant under Section 13 (1) of Hindu Marriage Act, 1955 praying for dissolution of marriage by granting a decree of divorce and also challenging the imposition of cost of Rs.10,000/- on him to be paid to the respondent.

(2.) It is the case of the appellant that his marriage with the respondent was solemnized on 12.3.2000 in accordance with the Hindu rites and customs at Jatni and after the marriage both of them lived as husband and wife in the residence of the appellant for about two years and out of their wedlock a son was born on 18.7.2001, who is staying with the respondent. It is the further case of the appellant that respondent withdrew from the society of the appellant since four and half years of filing the divorce petition on the false pretext of visiting to her father's place and thereafter she did not return to the company of the appellant in spite of the repeated request made by the appellant. Accordingly, the appellant sent a notice to the respondent. It is the further case of the appellant that the respondent used to harass him physically and mentally on various occasions and on 9.6.2006 the respondent lodged an F.I.R. at Mahila Police Station, Bhubaneswar and she was also leading an adulterous life. Since according to the appellant, it was not possible to live with the respondent, the divorce petition was filed.

(3.) Being noticed the respondent appeared and filed her written statement denying the averments made in the divorce petition. It is her case that she was tortured by the appellant on account of the demand of dowry and when her father expired on 25.8.2007, she visited her father's place and since then she is staying there. She has further stated that she instituted a criminal case against the appellant and his family members under Section 498-A I.P.C. which is subjudiced in the court of learned S.D.J.M., Bhubaneswar and after completion of investigation, charge sheet has been submitted in the said case under Sections 498-A/494/ 506 read with section 34 I.P.C. and section 4 D.P. Act. She further stated in her written statement that the appellant is leading an adulterous life with one Babi Moharana and that she is maintaining herself with much difficulty and her minor son was prosecuting study in English Medium School at Jatni and accordingly prayed for dismissal of the divorce petition.