SASMITA MOHARANA Vs. SUSEN KUMAR MAHARANA

JUDGEMENT

(1.) Two appeals are before us, preferred against common judgment dtd. 21/1/2023 of the Family Court. The judgment was made in C.P. no.19 of 2021, civil proceeding filed by appellant for restitution and C.P. no.128 of 2021, civil proceeding filed by respondent, for dissolution of the marriage. By impugned judgment, case for restitution was dismissed and the marriage dissolved. Appellant was wife in the marriage. Mr. Dash, learned advocate appears on behalf of appellant and Mr. Sahoo, learned senior advocate, for respondent.

(2.) Mr. Dash submits, the marriage was solemnized on 13/7/2020. It was a negotiated marriage upon observing Hindu rites and rituals. On 25/10/2020, to understanding of the parties regarding customary tradition for appellant visiting her paternal home, her brother took her there. The occasion was 'Kumar Purnima'. She had left the matrimonial home on assurance by respondent and his father that after 15 days they will go to Dhenkanal, to bring her back. However, after lapse of one month they did not turn up. She accompanied by her father and other relatives came to her matrimonial home on 8 th January, 2021. Her father-in-law disowned her and did not allow her into the house. In the circumstances, her petition for restitution of conjugal rights.

(3.) He submits, his client had duly sought restitution. The Family Court failed to appreciate the facts and erred in law, to dismiss her case. His client was subsequently provoked and had lodged complaint before the police. That could not and had no bearing on her claim for restitution. Impugned judgment be reversed on that ground alone, to also cover that part of it dissolving the marriage.