KANCHAN SAHU Vs. PREMANANDA SAHU

JUDGEMENT

(1.) In this appeal under Section 19 of the Family Courts Act, 1984, the wife, who was the respondent before the court below, assails the decree of divorce granted in favour of the respondent-husband who was the petitioner there,

(2.) The facts giving rise to this appeal are that the present respondent (hereinafter referred to as 'the husband') had filed a petition under Section 13 of the Hindu Marriage Act, 1955 before the Subordinate Judge, First Court, Cuttack. for a decree of divorce dissolving the marriage on the ground of wilful desertion by the present appellant (hereinafter referred to as 'the wife'). According to the husband, the marriage between him and the present appellant was solemnized at Cuttack on 29 5 1975 according to Hindu caste custom and rites. After the marriage, both stayed together at Cuttack for about a week whereafter the wife left for the father's place on the pretext of her cousin's illness. Thereafter, in spite of repeated correspondence and personal requests, she did not turn up and resume the matrimonial obligations. It is also his case that she has been seen in the company of 'objectionable characters', moving in the company of strangers in the town of Cuttack and ever since she left the matrimonial home sometime after the marriage and, has never cared to return to the martial home. There was thus no marital life between the husband and wife for the last thirteen years. So, as she has deserteti him for a continuous period of over two years, he was entitled to a decree of divorce dissolving the marriage between them.

(3.) Before proceeding further, we may refer to some material facts which have a bearing on the case.