LAKKOJU RAMADEVI Vs. LOKKOKU SATYANARAYANA RAO

JUDGEMENT

(1.) The appellant in this appeal has called in question, the judgment and decree passed by the learned Additional District Judge, Gajapati, Parlakhemundi in Misc. Appeal No. 03 of 2002 allowing the appeal and reversing the judgment of the learned Civil Judge (Senior Division), Parlakhemundi in dismissing the suit i.e. O.S. No. 31 of 2000 filed by the respondent as the plaintiff for grant of decree of divorce. Therefore, the unsuccessful defendant is before this Court with this second appeal.

(2.) The appeal has been admitted on the following substantial question of law :

(3.) It is worthwhile to mention here that the respondent had earlier filed the suit i.e. O.S. No. 11 of 1999 for a decree for restitution of conjugal rights and that was not contested. The decree to that effect being passed, the same has remained simply on the paper. It is submitted at the Bar that the parties have been residing separately at different locations and by now they are in litigating terms for more than 16 years.