GAYATRI MISHRA Vs. PRAMOD KUMAR NANDA

JUDGEMENT

(1.) AGGRIEVED with the decree of divorce passed by the Judge, Family Court, Cuttack, on a petition filed by the husband, the wife has preferred this appeal.

(2.) ON 26.5.1992, the respondent -husband filed a petition under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 (in short, 'the Act') for dissolution of his marriage by a decree of divorce. The case of the husband is that the parties were married according to the Hindu rites and customs on 30.6.1989 and ' stayed together as husband and wife for a period of about eleven days whereafter the wife left for Kendrapara to resume her duties as she was serving there. It is averred that in spite of attempts made by him (the husband) as well as through his relatives, the wife refused to cohabit with him accusing him of impotency and inability to maintain her. According to the husband, non -resumption of conjugal relationship with him by the wife and her failure to come to the matrimonial home amounted to desertion and the allegation that he was impotent, caused him acute mental torture and amounted to cruelty and desertion which entitled him to a decree of divorce under Sections 13(1)(ia) and 13(1)(ib) of the Act.

(3.) THE husband examined himself as P.W. 1 and has stated that after staying for about eleven days, the wife went to join her duties as F.S.I. Co. (P) Ltd., at Kendrapara and though he had on more than one occasion gone to bring her back, she refused to accompany him on the ground that he was impotent and unemployed. Some mediators were also sent for persuading her to join the matrimonial home, but she refused. A number of letters were also sent but to no avail. Reply received from the wife has been exhibited and marked 'X'. He has further stated that the wife has, in fact, deserted him and her refusal to resume matrimonial ties also amounted to cruelty as also desertion. In the cross -examination, he has stated that they had conjugal relationship only for a period of eleven days after the marriage and thereafter, they have not stayed together as husband and wife. He has reiterated that whenever he had gone to Kendrapara to persuade his wife to resume cohabitation, she had refused to do so on the ground that he was impotent and unemployed. He has admitted that in May and June, 1990 he had gone to Kendrapara to persuade his wife to resume cohabitation but to no avail. He has denied the suggestion that till November, 1991 they had stayed together and thereafter he had made no effort to bring her (the wife) back to the matrimonial home. He has also denied the suggestion that he had filed the petition for divorce as he was interested to enter into wedlock with another girl.