UPENDRA CHANDRA PATNAIK Vs. SOUBHAGINI MOHANTY

JUDGEMENT

(1.) RESPONDENT Soubhagini Mohanty had filed Title Suit No.318 of 1994 in the Court of the learned Civil Judge (SD), Bhubaneswar praying for a decree for recovery of arrears of maintenance from her husband Upendra Chandra Patnaik, the appellant amounting to Rs.72,000.00 as also for regular maintenance from him at the rate of Rs.2,000.00 per month.

(2.) THE averments made by her in the plaint reveal that she had married Upendra on 26th February, 1977 at Bhubaneswar. They led a blissful married life for some time, but thereafter due to torture on her, on demand of dowry by Upendra, she was compelled to leave her matrimonial house on 24th December, 1978. Intervention of the family members and well -wishers of the parties yielding no result, ultimately in the year 1983 Soubhagini filed Title Suit No.209/83 before the then Subordinate Judge (now Civil Judge, Senior Division), Bhubaneswar under Section 13 of the Hindu Marriage Act seeking divorce. During pendency of the suit though the said Court had directed payment of interim maintenance of Rs.300.00 to Soubhagini, ultimately the suit was dismissed on 31st October, 1987.

(3.) AFTER receiving notice of the suit the husband -defendant filed his written statement denying the plaint averments and taking the plea that his wife Soubhagini out of her will had left the matrimonial house and, as such, she was not entitled to any maintenance. He further averred that his take -home pay was only Rs.3,270.00 per month, his gross salary being Rs.5,457.00. Out of his monthly pay he had to pay house rent and meet other expenses and maintain his parents. Further, after the decree of divorce was passed he had married for the second time and had to maintain his family. He further averred that Soubhagini had been running a tailoring shop at Puri and earning handsome and as such she was not entitled to any maintenance from him.