BHARATI SAHU Vs. SANTOSH KUMAR SAHU

JUDGEMENT

(1.) The matrimonial appeal has been preferred by appellant-wife against judgment dtd. 2/2/2017 made by the family Court in the civil proceeding by petition of respondent-husband, dissolving the marriage and directing deposit of Rs.50,000.00 in favour of the child in any nationalized bank through her mother, within two months.

(2.) The appeal was presented on reported delay of 24 days. There was attempt of service in respect of the application for condonation of delay and the appeal, on respondent-husband. Coordinate Bench had directed substituted service, which was duly complied with. Ultimately, by order dtd. 11/10/2023 the delay was condoned and the appeal admitted. Respondent-husband continues to go unrepresented.

(3.) Mr. Mohanty, learned advocate appears on behalf of appellant-wife and submits, the family Court erred in finding his client had deserted respondent-husband, to dissolve the marriage on ground (i-b) in Sec. 13(1) of Hindu Marriage Act, 1955. He points out from paragraph 6 in impugned judgment that the family Court had said, on perusal of the case record it appears that defendant-wife was ousted on 3/5/2011. The finding militates against direction for dissolution of the marriage on ground of desertion. On query from Court he refers to his client's written statement and submits, his client with the child was thrown out of the house. She spent the night outdoors and next morning travelled to her parental home in Bhilai. Subsequently, with intention to join society of respondent-husband, his client had filed for restitution of conjugal rights.