RITANJALI PATRA Vs. BHABANI SHANKAR PATRA

JUDGEMENT

(1.) Judgment and order dated 03.12.2014 passed by learned Senior Civil Judge, Bhanjanagar in MAT No. 36 of 2013 and consequential decree dated 14.04.2016 passed by learned Judge, Family Court, Berhampur in C.P. No. 152 of 2013 are under challenge in this appeal.

(2.) Marriage between the parties to this appeal was solemnized on 05.02.2010 as per Hindu rites and custom. They were blessed with a girl child on 21.11.2010. Due to dissension between the parties, the respondent (husband) filed C.P. No. 152 of 2013 before learned Judge, Family Court, Berhampur under Section 13 of the Hindu Marriage Act, 1955 (for short, 'the Act') for dissolution of the marriage with the appellant (wife) by a decree of divorce. The said case was subsequently transferred to the court of learned Senior Civil Judge, Bhanjanagar and was renumbered as MAT No. 36 of 2013.

(3.) Admitting the marriage and parentage of the child, the respondent in his petition under Section 13 of the Act contended inter alia that the appellant went to her parental home on 01.05.2012 with an understanding that she would come back within a month. When she did not return, the respondent went to bring her on 28.06.2012, but the appellant blatantly refused to accompany him. The respondent thereafter approached the permanent and continuous Lok Adalat at Berhampur in P.L.A. Case No. 56 of 2012 for restitution of conjugal rights. Due to non-cooperation of the appellant, the said case was dropped on 04.05.2013. Finding no hope of reunion, the respondent filed the aforesaid case for dissolution of their marriage by a decree of divorce.