SAGRIKA DEBATA Vs. SATYANARAYAN DEBATA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29-9-2007 passed by the learned Judge, Family Court, Cuttack in Civil Proceeding No. 200/2001 directing dissolution of marriage between the appellant and respondent No.1.

(2.) Appellant-wife and respondent No.1 husband are Hindus. Marriage between them was solemnized on 23-6-1997 according to Hindu rites and customs. They were blessed with a daughter on 23-12-1998. Respondent Nos. 1 and 2. both of whom belong to Orissa were members of Indian Air Force. Civil Proceeding No. 200/2001 was instituted for a decree of divorce under Section 13 of the Hindu Marriage Act, 1955 read with Section 7 of the Family Courts Act by the respondent No. 1. against the appellant and respondent No.2. It. is also not disputed that on the basis of allegations made by respondent No. 1 a proceeding of Board of Officers, Court of Inquiry of the Indian Air Force was conducted against respondent No.2.

(3.) In his application before the Family Court respondent No. 1 averred that appellant came from a rich family and her behaviour towards her husband and his relations was not good. However, he tolerated her conduct with the hope that she would amend herself in course of time Subsequently, respondent No. 1 could learn that appellant had no liking towards defence personnel for which she refused to cohabitate at times. After birth of their daughter, respondent No. 1 took his family to his place of posting at Secunderabad. While residing there, they came in contact with respondent No.2 and his wife in the month of February, 1999. Their relationship became intimate and respondent No.2 started visiting their house frequently even in absence of the respondent No.1. At the behest of respondent No.2 respondent No. 1 occupied a house adjacent to his house during the month of June, 2000. All in a sudden on 24-9-2000 respondent No.2's wife reported to the respondent No.1 in presence of the appellant that she was an eye-witness to the illicit relationship between the appellant and the respondent No. 2 on 23-9-2000 and that such relationship created disturbance in her relationship with the respondent No.2. It was further pleaded that on being asked by respondent No.1 both appellant as well as respondent No. 2 confessed of having regular voluntary sexual intercourse with each other since one year. Both of them also elaborated regarding their relation ship before Respondent No. 1's father and father in law on 28-9-2000 over phone. On 16-12-2000 the conduct of the respondent No. 2 was brought to the notice of the Air Officer Commanding, Secunderabad for initiation of disciplinary proceeding and for the purpose a Court of Enquiry was held. In course of enquiry appellant admitted that she used to have voluntary sexual intercourse with the respondent No.2.