NARMADA JENA Vs. BIDYADHAR SWAIN

JUDGEMENT

(1.) "Marriage is not 50-50 Divorce is 50-50 Marriage has to be 100-100 It is not about dividing everything in half But giving everything you've got!" -Dave Willis

(2.) The respondent-husband filed a petition under Section 13 (1) (i-a) (i-b) of Hindu Marriage Act, 1955 (hereafter for short "1955 Act") against the appellant-wife with a prayer for passing a decree of dissolution of marriage between the parties.

(3.) On receipt of the notice from Family Court, the appellantwife appeared and filed her written statement wherein the asseverations made in the divorce petition were controverted by stating that the respondent-husband was serving in defence and while he was staying at his service place at New Delhi, she used to be assaulted by her elder brother-in-laws. She denied to have demanded for any separate living from her in-laws or torturing either to the respondent-husband or to her in-laws family members mentally. It is her further case that she was leading a miserable life with her daughter in the house of her in-laws and she had not left her in-laws house on her own accord rather she was driven out of her in-laws house with her daughter. The appellant-wife prayed to reject the prayer for decree of dissolution of marriage made by the respondent-husband.