RAM CHANDRA MOHAPATRA Vs. LABANI DEI

JUDGEMENT

(1.) Husband is the appellant in this Second Appeal arising out of a matrimonial proceeding under section 11 of he Hindu Marriage Act for declaration of his marriage with the respondent as null and void by a decree of nullity.

(2.) It is not in dispute that the plaintiff married the defendant in the year 1957 and two daughters are born out of the wedlock. From 1967, who is residing separately, the two daughters being with their father, the appellant. In a proceeding under section 488 Code Criminal Procedure plaintiff has been directed to pay a monthly maintenance of Rs. 30.00 by order dated 20.8.1968.

(3.) Case of the plaintiff, in short, is that in a meeting of gentlemen, defendant agreed to remain separate from the plaintiff and since then she has been residing separately. Having come to know of her residence with Purna Chandra Mohapatra and that prior to her marriage with the plaintiff, she having married Gobind Chandra Panda in the year, 1956, the application for declaring the marriage a nullity was filed.