LAWS(ORI)-2017-1-47

SABITA @ BIJULI SAHOO Vs. NIRANJAN SAHOO

Decided On January 13, 2017
Sabita @ Bijuli Sahoo Appellant
V/S
Niranjan Sahoo Respondents

JUDGEMENT

(1.) Marriage speaks of absolute faithfulness, mutual encouragement, admiration, respect and assistance of the couple to each other with all love and grace to make out a peaceful institution. It is a permanent commitment for life and to admit if one is in wrong, try to rectify it and to be careful in future to see that such wrong things never happen again. Wild accusations against each other without real criticism destroy the sanctity of marriage. Learning to understand the difference and adjustment can make the bond of matrimony stronger. Mistakes and misunderstandings do happen in marital life but one who apologizes amongst two first is the bravest, one who forgives first is the strongest and one who forgets first is the happiest.

(2.) An application under section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereafter 'P.W.D.V. Act') was filed by the petitioner in the Court of learned J.M.F.C., Nayagarh which was registered in I.C.C. Case No. 234 of 2014 seeking the following reliefs :-

(3.) It is the case of the petitioner that her marriage was solemnized with the opposite party on 17.04.2008 and her mother paid Rs. 80,000/- (rupees eighty thousand only) to the opposite party towards dowry and they were blessed with a female child namely Sony on 01.10.2010. The opposite party and his family tortured the petitioner demanding further dowry of Rs. 1,00,000/- (rupees one lakh only) and drove her out of the matrimonial house. The petitioner filed a maintenance case under section 125 of Cr.P.C. against the opposite party in the Court of S.D.J.M., Nayagarh and in spite of award of maintenance, the opposite party did not comply with the same. The opposite party also took away the daughter Sony from the custody of the petitioner on false pretext.