BAIKUNTHA NATH SAHOO Vs. KUMUDINI SAHOO

JUDGEMENT

(1.) The appellant by filing this appeal under section 100 of the Code of Civil Procedure challenges the judgment and decree passed by the learned Addl. District Judge, Nayagarh in T.A. No. 04 of 2001 setting aside the judgment and decree passed by the learned Civil Judge (Sr.Divn.), Nayagarh, in T.S. No. 36 of 1995.

(2.) For the sake of convenience, in order to bring in clarity and avoid confusion, the parties hereinafter have been referred to as they have been arraigned in the trial court.

(3.) The plaintiff's case in short is that his marriage with the defendant had taken place on 30.01.1990 and thereafter they had stayed together under one roof in their house at Khalisahi for about two weeks. It is stated that the defendant thereafter went to her parents house at Ranpur where she was serving as a school teacher. The plaintiff used to often visit the defendant at her parents place at Ranpur. It is next stated that sometime thereafter, the defendant began misbehaving and ill-treating the plaintiff and also refused to have the sexual relationship. It is alleged that the defendant has taken away cash of the plaintiff, his Life Insurance and National Savings Certificates as well as other bank documents. Later, she refused to come and stay with the plaintiff in his village. Plaintiff states that all the best efforts for resolution of the dispute even through mediators, did not yield any fruitful result. So, it is stated that the defendant has willfully deserted the plaintiff after subjecting him to cruelty. The plaintiff (husband) therefore has prayed for a decree of dissolution of his marriage with the defendant (wife).