(1.) The following questions arise for determination in this case:
(2.) The opposite party is the divorced wife of the petitioner. Their marriage was solemnized on 16.03.1998 and out of the wedlock twin sons were born on 03.03.2000. The petitioner and the opposite party were serving in the Indian Railways and they are living separately since September, 2010. The opposite party-wife filed Civil Proceeding No.989 of 2010 before the Judge, Family Court, Cuttack for a decree of divorce and judicial separation. She has also filed another petition bearing Civil Proceeding No.990 of 2010 before the Judge, Family Court, Cuttack for custody of minor twin sons.
(3.) The learned Judge, Family Court, Cuttack allowed the divorce petition i.e. Civil Proceeding No.989 of 2010 filed by the opposite party-wife on 20.10.2011 and dissolved the marriage between the parties by a decree of divorce. By the common order dated 29.10.2011, the Civil Proceeding No.990 of 2010 filed by the opposite party-wife was dismissed and direction was given to the opposite party-wife to hand over the minor son Luv Kumar to the petitioner.