NARENDRA KUMAR MISHRA Vs. BINAPANI SARANGI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 22.1.2004 passed by the learned Judge, Family Court, Cuttack, in Civil Proceeding No.358 of 1995 dismissing the said petition.

(2.) THE appellant had filed an application under Section 13 of the Hindu Marriage Act, 1955 against the respondent seeking dissolution of marriage.

(3.) THE learned counsel for the appellant assailed the impugned judgment on the ground that the Civil Proceeding was initiated by the appellant on two grounds, i.e., desertion and cruelty. The learned Judge, Family Court instead of deciding the aforesaid two issues got swayed away by the evidence that the appellant was staying with one Meenarani and refused to grant the relief. The learned counsel for the respondent also drew attention of the Court to the evidence adduced before the learned Judge, Family Court and submitted that it is the appellant who created a situation where it became impossible on the part of the respondent and the children to stay with the appellant and therefore the learned Judge, Family Court was justified in denying the relief claimed.