ITI SATPATHY Vs. SARADA PRASAD KAR

JUDGEMENT

(1.) Mrs. Patnaik, learned advocate appears on behalf of appellant-wife and submits, her client has preferred appeal from judgment dtd. 28/11/2017 made by the family Court dissolving the marriage and directing permanent alimony at ?7,50,000/-. Respondent-husband has also preferred appeal (MATA no.43 of 2018) against quantum of permanent alimony directed by the judgment. Mr. Sahoo, learned advocate appears on behalf of the husband.

(2.) Mrs. Patnaik submits, there was lack of cogent evidence to prove either cruelty or unsoundness of mind of incurable nature. None of the two grounds were proved before the family Court. The learned Judge failed to appreciate and thereby erred in dissolving the marriage.

(3.) She draws attention to deposition dtd. 26/8/2015 of respondent-husband in cross-examination. We reproduced below a passage from paragraph 2 therein.