NISHAMANI PRADHAN @ GIRI Vs. SUBASINI GIRI

JUDGEMENT

(1.) This appeal has been filed challenging the judgment and decree passed by the learned District Judge, Keonjhar in R.F.A. No. 53 of 2007 arising out of judgment and decree passed by the Civil Judge (Sr. Division), Keonjhar in Civil Suit No. 122 of 2005. The appellant as the plaintiff had filed the suit against the defendants-respondents claiming the reliefs as under:-

(2.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to as they have been arraigned in the court below.

(3.) The plaintiff's claim is that she is the legally married wife of late Muralidhar Giri and their marriage was solemnized on 19.07.1979 as per Hindu Rites. Muralidhar was serving as a Hindi Teacher in Joda High School. It is alleged that after their marriage, the plaintiff was subjected to cruelty and thereafter she had to live separately with her sister with the maintenance as awarded by the court. It is further alleged that defendant No. 3 began to reside with Muralidhar Giri. The marriage if any, between them is void. The defendant No. 4 and 5 are said to be the sons born out of association of defendant No. 3 and Muralidhar. The defendant No. 3 and 5 contested the suit and they refuted the entitlement of the plaintiff to the service benefits and other dues as the legal entitlement of the deceased-Muralidhar.