DOLLY ROY Vs. RAJA ROY

JUDGEMENT

(1.) Heard learned counsel for the parties. Perused the evidence on record and the impugned judgment of the Court below and our judgment is as follows :

(2.) Judgment and decree passed on 7-10-2005 in Civil Proceeding No. 201 of 2003 by the Judge, Family Court, Rourkela is under challenge. Though the provision, under which the application for decree of divorce was filed, is under Section 13(l-A)(i) of the Hindu Marriage Act, 1955 (in short 'the Act'), but in the application filed by the husband and also while noting the provision in the impugned judgment the trial Court has committed several errors. However, we ignore the said error with a direction to the Judge, Family Court, Rourkela to correct it accordingly.

(3.) Respondent-Raja Roy is the husband and the appellant-Dolly Roy is the wife. On 26-11-1995 they married and became husband and wife. Out of their wedlock they were blessed with a daughter namely Rashmita. About a year after their marriage misunderstanding surfaced between the parties and ultimately both the parties entered into litigating terms and in that process several proceedings were initiated. Inter alia, ICC Case No. 90 of 1998 was a complaint case filed by the wife under Section 498-A of the IPC, Civil Proceeding No. 88 of 1997 was filed by the band under Section 9 of the Act, Criminal Proceeding No. 64 of 1997 was filed by the wife and daughter claiming for maintenance under Section 125 of the Cr. P.C. and Civil Proceeding No. 7 of 2000 was filed by the husband claiming for a decree of divorce under Section 13(1-A) of the Act.