LAWS(ORI)-2024-3-127

PRATYUSH RANJAN SATPATHY Vs. YASASWINI PADHY

Decided On March 21, 2024
Pratyush Ranjan Satpathy Appellant
V/S
Yasaswini Padhy Respondents

JUDGEMENT

(1.) Appellant-husband is before us being aggrieved by judgment dtd. 9/12/2022 of the Family Court dismissing this petition for dissolution of the marriage. Mr. Mishra, learned advocate appears on his behalf and submits, though in impugned judgment the Family Court said that the evidence was scanned but, actually it was not.

(2.) Mr. Mishra demonstrates from his client's evidence on affidavit that soon after the marriage, solemnized on 17/6/2003 at Choudwar Kalyan Mandap, Choudwar, respondent-wife left the matrimonial home saying it is impossible for her to reside in the remote rural area. This was stated in paragraph 2. Also stated in the paragraph were that respondent-wife refused to get intimate with him in the village (matrimonial home).

(3.) Referring to deposition in cross-examination of respondent-wife in the Family Court Mr. Mishra relies on paragraphs 44, 45, 46, 49 and 54. In paragraph 45 respondent-wife admitted she, after 14 days of marriage went back to her hostel and resided there for 12 days. She returned to her matrimonial home thereafter. Since 20/7/2003 till 20/11/2003 she and appellant-husband resided in a rented house at Choudwar. They again resided together between 27th July and 19/8/2008. She had filed complaint registered as FIR after two years of separation. It is because of her having filed so many cases and there being risk to her life she cannot reside with appellant-husband. She had filed writ petition protesting reinstatement of her husband in his job, dismissed with cost of ?1,000/-.