A LAXMI DORA Vs. NARASINGHA DORA

JUDGEMENT

(1.) The wife knocks of the door of this Court by carrying the present appeal against Rourkela Family Court's judgment passed in Civil Proceedings No. 167/97 dissolving her marriage with her husband by a decree of divorce.

(2.) The husband, who was the petitioner before the Family Court, is respondent No. 1 and the wife, who was respondent No. 1 in the said Court, is the appellant whereas the Steel Authority of India Ltd., Rourkela who was respondent No. 2 in the said Court is respondent No. 2 herein.

(3.) The husband's case is very simple. In. 1973 the husband and the wife were bound by marriage tie, but they were not blessed with any issue out of their wedlock. The husband, being a Boiler Operator in Rourkela Steel Plant, the Steel Authority of India Ltd. allotted in his favour a quarter No. FFC/26 in Sector-8 and the couple was residing therein. He has alleged that his wife was mis-spending his entire salary on her relations, who were staying with her in the said quarter and his objections were of no avail She not only misbehaved with him but also treated him cruelly by avoiding sexual cohabitation with him thereby denying him his normal conjugal rights. At last, she in collusion with her relations drove him out from his quarter in June 1991. Her claim for maintenance in O.S. No.26/92 was allowed by the Family Court with a direction to pay her a monthly maintenance of Rs.500/- which he has been paying accordingly. Above all, owing to her unauthorised occupation of the aforesaid quarter, he is required to pay market rent for the same with effect from 16.2.1993, thereby suffering heavy loss. Finding no other way out and after all efforts made for their reunion ended in smoke, he sought for dissolution of their marriage by a decree of divorce in the aforesaid Civil Proceedings.