SABITRI JENA Vs. SOMANATH JENA

JUDGEMENT

(1.) The present appeal is against the judgment of the'Civil Judge (Senior Division), Parlakhemundi dismissing the plaintiffs' suit against the husband for maintenance for herself and children.

(2.) Plantiff's case is, she married defendant No. 1 on the Akhatrutiya day i.e. on 30.5.1976. After the marriage both lived as husband and wife. Two daughters were born out of the wedlock one on 15.8.1978 and the younger on 15.10.1981. Before the birth of the second child for about 4 to 5 months she stayed with her parents. Four to five days after delivery she came back to the defendant's house. But unfortunately she was treated with cruelty in various ways as alleged in the plaint. The in-laws picked up quarrel on the issue of not having brought gold ornaments for the newly born child. Further she found her husband to have developed illicit connection with his sister-in-law (brother's wife, a widow). On one Saturday in the month of March, 1982 her husband and other members of the family picked up severe quarrel with her and drove her out from the house. Since nothing was paid for her maintenance she filed the suit.

(3.) Opposite party No. 1 filed the written statement denying material facts pleaded in the plaint. He took the plea that neither he nor his family members ill-treated, or neglected her nor treated with cruelty. According to him it was the plaintiff who did not adjust with him and rather picked up quarrel and behaved with the defendant in a nasty manner and left the house out of her own accord without informing him. This was on 15.3.1982. Though he made several personal attempts the plaintiff did not join his company. The defendants therefore claim, dismissal of the suit on the ground of voluntary dessertion of the plaintiff. Though as many as ten issues were framed by the lower court, on going through the impugned judgment it is found that the decision has embraced mainly two points, first point being dessertion of the plaintiff and second is non-maintainability of the suit under Section 18 of the Hindu Adoption and Maintenance Act, 1956.