SATYA SUNDAR TRIPATHI Vs. MAMATA TRIPATHI

JUDGEMENT

(1.) THIS Appeal has been filed by the Appellant, who was the Opposite Party in Civil Proceeding No. 782 of 2004 filed by the Respondent for dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955 (in short, 'the Act'), on the ground of cruelty and desertion. The Civil Proceeding was finally decided by the Family Court, Cuttack, by Judgment dated 20th September, 2007 allowing the divorce under Section 13 of the Act by dissolving the marriage solemnized between the parties on 30th November, 1992. The Appellant has raised the following questions of law for adjudication in this appeal:

(2.) THE case of the Appellant is as follows:

(3.) THE Appellant wanted the Respondent to join him in Bosnia with their children, but she did not want to do so owing to the education of their son and the fact that she was enjoying her work in Modern School, Delhi. The Appellant respected her decision. While the Appellant was still serving abroad, it was decided between the parties that their son would be admitted in a good residential public school for better education, for which the Respondent trained and prepared her son for the entrance test and after qualifying the test, he was admitted in Lawrence School, Ooty and the entire admission expenses and tuition fees of their son was borne by the Appellant. As the son was resided at Ooty, the Respondent wanted to be closer to him and took up a teaching job at Chinmaya International Residential School, Coimbatore. Thereafter, they took a decision that their son would be withdrawn from Lawrence School and get him admitted in Chinmaya International Residential School, Coimbatore.