LAWS(ORI)-2016-8-83

BIBHUTI PRASAD ACHARYA Vs. RASMITA SAHU

Decided On August 22, 2016
Bibhuti Prasad Acharya Appellant
V/S
Rasmita Sahu Respondents

JUDGEMENT

(1.) This appeal has been filed challenging the judgment dated 29.9.2014 passed by the learned Judge, Family Court, Berhampur, Ganjam in C.P. No. 242 of 2010 rejecting an application under Section 13 of the Hindu Marriage Act (for short 'the Act') filed by the appellant for divorce.

(2.) The marriage between the appellant, namely, Sri Bibhuti Prasad Acharya and the respondent, namely, Smt. Rasmita Sahu, was solemnized on 27.4.2009 as per Hindu Rites and Customs. Some dissensions arose between the parties for which the respondent started staying with her parents since 12.10.2009. The appellant allegedly sent a pleader notice on 18.3.2010 to the respondent for dissolution of the marriage mutually to which the respondent did not respond. Thus, an application under Section 13 of the Act was filed before the learned Judge, Family Court, Berhampur, which was registered as C.P. No. 242 of 2010. On contest, the application under Section 13 of the Act was dismissed vide judgment dated 29.9.2014 of the learned Judge, Family Court, Berhampur. Hence, this appeal has been filed.

(3.) In course of hearing of the appeal, this Court with a hope of reunion directed the parties to appear in person along with their counsel. Pursuant to the direction of this Court dated 26.2.2015, both the spouses along with their counsel appeared before this Court on 3.4.2015. After a long session of deliberation and hearing them at length, this Court directed the spouses to appear in person again on 30.4.2015 along with their respective parents. On 30.4.2015, both the spouses along with their parents appeared before this Court in person.