BHAGYASHREE BISI Vs. ANIMESH PADHEE

JUDGEMENT

(1.) Wife in the marriage, dissolved by impugned judgment dtd. 5/8/2023 of the Family Court, is before us in appeal. She is aggrieved. Mr. Nanda, learned advocate appears on her behalf and Mr. Mishra, learned advocate for respondent.

(2.) It appears, as found by the Family Court, desertion was proved. It is a ground available in Hindu Marriage Act, 1955 for dissolution of marriage. Clause (i-b) under Sec. 13(1) is reproduced below.

(3.) The lower Court record is before us or at least scanned copy thereof. It appears from the order sheet, on 9/5/2022 the Family Court recorded that respondent had filed for divorce. Allegation made in the petition is that appellant had left in intervening night of 24th and 25/1/2020. Clearly, the petition was presented, after the time in which it could not be. Thus, the petition was maintainable.