SARADKANTA PANDA Vs. POONAM PADHI

JUDGEMENT

(1.) Heard further argument and the judgment is as follows.

(2.) The appellant has filed Civil Proceeding No. 228 of 2005 in the Court of the Judge, Family Court, Cuttack claiming the relief under Section 13 of the Hindu Marriage Act, 1955 (in short, the Act). Respondent is the opposite party in that proceeding. Admittedly, they are related as husband and wife.

(3.) A fall out in the matrimonial relationship while both the parties were in the United States of America brought them back to Orissa and admittedly appellant belongs to Cuttack and that is the matrimonial home of the respondent. As per the averments in the application under Section 13 of the Act, both the parties resided together for two days at matrimonial house at Cuttack after returning from America and accordingly, the husband filed the application under Section 13 of the Act in the Family Court. In course of pendency of the proceeding, the off suit relating to interim maintenance, litigation expenses etc: were contested between the parties not only in the Family Court but also in the High Court and the respondent-opposite party has been awarded with interim maintenance of Rs. 10,000/- per month and litigation expenses of Rs. 1,000/- per day. While disposing of the earlier writ petition, this Court targeted the Civil Proceeding for disposal and as it appears from the impugned order, evidence has been admitted from the parties by accepting affidavit evidence. At such stage, application filed by the respondent to decide the issue of jurisdiction as preliminary issue was considered and decided in favour of the respondent and accordingly, the appellant was directed to take return of the petition under Section 13 of the Act to be presented before appropriate Court.