SMT PRIYADARSHANI MOHAPATRA Vs. SRI LALMOHAN MOHAPATRA

JUDGEMENT

(1.) This is an Appeal under Section 19 of the Family Courts Act, 1984 (for short, 'Act 1984') filed by Smt. Priyadarshani Mohapatra (for short 'the wife') assailing ex parte judgment dated 17.11.2017 passed by learned Judge, Family Court, Bhubaneswar in C.P. No.726 of 2015 filed by Sri Lalmohan Mohapatra (for short, 'the husband') under Section 13 of the Hindu Marriage Act, 1955 (for short, 'the Act, 1955').

(2.) The husband filed a petition under Section 13 of the Act, 1955 (C.P. No.726 of 2015) before the learned Judge, Family Court, Bhubaneswar contending inter alia that the marriage between the parties to the said petition was solemnized on 06.07.2014 as per Hindu rites and custom. As there was age difference of 12 years between the couple, the wife did not cooperate with the husband to lead a conjugal life. To bring a change in the mind of the wife, the husband on 23.08.2014 took a house on rent at Manipallem in Visakhapatnam, where the husband was posted and took his wife with hope to lead a happy conjugal life. However, on 28.09.2014, when the husband returned from work at about 7.00 PM, he found that the door of his residence was locked. Subsequently, he ascertained from his house owner that his wife had left the house with her mother. On being contacted over phone, she expressed her unwillingness to join the company of her husband. However, an attempt was made by the relations of the husband to conciliate the matter and persuade the wife to lead a happy conjugal life with the husband. Accordingly, on the request of their relatives, the husband came to the house of one of his relations (cousin sister) at Bhubaneswar and the wife joined him on

(3.) 05.2015. But on 05.05.2015, she quarreled with her husband and left for her parental home. Subsequent discussions and persuasion of the family members to persuade the wife to lead happy conjugal life having failed, the husband filed proceeding as aforesaid for dissolving the marriage by a decree of divorce. 3. Registered notices were sent in the address of his wife returned back being undelivered. Hence, the husband filed a petition under Order 5 Rule 20 CPC to take out substituted notice by publication in newspaper. By order of the Family Court, substituted notice was published in Odia Daily "The Samaj" on 16.04.2016 and learned Judge, Family Court proceeded with the matter ex parte and the impugned judgment and order was passed dissolving the marriage between the parties by a decree of divorce. Assailing the same, the present appeal has been filed.