DURGA DAKUA Vs. LAKSHMAN DAKUA

JUDGEMENT

(1.) This is a defendant's appeal against confirming judgment.

(2.) Plaintiff-Respondent instituted the suit for declaration that the defendant is not his married wife. The case of the plaintiff was that the defendant had filed Crl. Misc. Case No.205 of 1984 before the learned S.D.J.M., Sambalpur under Sec.125 Cr.P.C. for maintenance against him. In the said case, the defendant alleged that she married to the plaintiff on 9.181. The case having been allowed, he filed revision before the learned Additional Sessions Judge, Sambalpur, which was dismissed. According to the plaintiff, he is a 'Barbar' by caste and the defendant is 'Ganda' by caste. The marriage is not permissible by caste and customs. He had not married to the defendant. With this factual scenario, he instituted the suit seeking the reliefs mentioned supra.

(3.) The defendant entered contest and filed a written statement. The case of the defendant was that she married to the plaintiff on 9.12.81 according to caste, custom and Hindu rites. As the marriage between the parties was an inter-caste marriage, the custom prevalent in Ganda caste was followed. After marriage, the parties lived together till the desertion in the year 1982.