HIMANSU BHUSAN DAS Vs. SUNITA DAS @ PATTANAIK

JUDGEMENT

(1.) This Matrimonial Appeal is at the instance of the appellanthusband against the respondent-wife challenging the impugned judgment dated 01.10.2012 passed by the Judge, Family Court, Bhubaneswar in C.P.No.529 of 2011 dismissing the proceeding for divorce initiated by the appellant along with a direction to the husband to pay a sum of Rs.20, 000/-(Rupees Twenty thousand) to the wife towards litigation expenses.

(2.) Bereft of unnecessary details the short back ground involved in this case is that husband as petitioner had initiated Civil Proceeding No.529 of 2011 under Section 13 of the Hindu Marriage Act,1955 seeking a decree of divorce against the wife-respondent before the Judge, Family Court, Bhubaneswar with allegations of cruelty and desertion at the instance of the wife. Civil Proceeding No.529 of 2011 was dismissed, as above, generating instant appeal at the instance of the husband.

(3.) Following the appearance of respondent-wife in this appeal, in an attempt for reunion between the parties by this Court, the wife made a clear statement that she does not want to stay with the husband. On refusal of the wife to join the company of the husband and looking to the status of the parties, the matter was adjourned to 15.12.2015 with a direction to the wife to file an affidavit indicating that she does not want to stay with the husband and litigations initiated by her shall be dropped by passing a decree of divorce. Basing on such direction, the husband and wife filed Miscellaneous petition No.42 of 2016 with joint affidavit making clear statements therein as follows: