LAWS(ORI)-1978-12-3

RABINDRANATH BARIK Vs. PRAMILA BALA BARIK

Decided On December 05, 1978
RABINDRANATH BARIK Appellant
V/S
PRAMILA BALA BARIK Respondents

JUDGEMENT

(1.) It is a husband's appeal under Art.4 of the Orissa High Court Order read with Cl.10 of the Letters Patent and is directed against the reversing judgement of our learned brother Acharya, J.

(2.) In March, 1967, the appellant married the respondent. They lived together till July, 1969, when the wife went away to her father's house and did not return. On 17th March, 1970. the husband applied for restitution of conjugal rights to the learned Subordinate Judge at Balasore. The wife resisted the claim by contending that her mother-in-law was an ill-tempered lady and she very often used to hurl abuses at the defendant in very filthy and objectionable language on some pretext or other as also on the ground that the defendant's parents had failed to pay the dowry as promised. The husband who was working as a teacher at a place away from home was occasionally coming home and the mother-in-law was poisoning his ears against the defendant. She pleaded that on account of such constant rebukes and abuses, she suffered from nervous debility and ultimately became ill. At the trial, plaintiff examined himself and 3 other witnesses and the defendant examined herself and 2 other witnesses including her brother. The learned trial Judge proceeded on the footing that the wife had a legal duty to live with her husband and the defendant had failed to substantiate the plea of cruelty, and being satisfied that the husband was keen to have the company of the wife granted a decree for conjugal rights.

(3.) Upon wife's appeal to this Court, the learned single Judge has come to hold :