PRANATI ROUT Vs. BIJAYA ROUT

JUDGEMENT

(1.) This is an appeal under Sec. 19 of the Family Court's Act, 1984 filed by the appellant-wife, namely, Pranati Rout assailing the judgment and order dated 20.9.2014 passed by the learned Judge, Family Court, Kendrapada in C.P. No. 102 of 2013 filed by the husband-respondent, namely, Bijaya Rout under Sec. 13 of the Hindu Marriage Act, 1955 (for short 'the Act').

(2.) Learned Judge, Family Court, Kendrapada although allowed the petition under Sec. 13 of the Act filed by the husband dissolving the marriage between the parties by a decree of divorce, but did not grant any permanent alimony to the wife-appellant.

(3.) Without being verbose, the relevant facts necessary for adjudication of this appeal are that marriage between the parties to this appeal was solemnized on 17.6.2009 as per Hindu rites and customs. It is the contention of the husband (respondent herein) that only 15 days after the marriage, matrimonial discord arose between the husband and wife, when the wife insisted upon the husband to live separately in a rented house away from his matrimonial home, but the husband did not agree to the same. As a result, the wife left her in-laws house without informing either her husband or her parents-in-law. With much persuasion of the husband, although she came back to matrimonial home, as usual, continued her mis-behaviour with the husband and her in-laws and did not show any interest to perform the household chores. Lastly, on 24.10.2009, she left her matrimonial home without knowledge and consent of her husband or parents-in-law with all her ornaments and other valuables. All attempts by the husband and his family members were futile to bring her back. She also lodged an F.I.R. falsely implicating her husband and his family members, which has been registered as G.R. Case No. 340 of 2010 and is pending before the learned S.D.J.M., Kendrapada. She also filed a maintenance proceeding under Sec. 125 Crimial P.C. which is pending before the learned Judge, Family Court, Kendrapada. Thus, finding no other alternative to lead a peaceful marital life, the husband filed divorce proceeding on the ground of desertion and cruelty.