Orissa Court January 1990 Judgments
Manikya Devi Vs. Pabitra Swaisingh
Court: Orissa
Decided on: Jan-03-1990
Reported in: II(1990)DMC302
S.C. Mohapatra, J.1. Unsuccessful plaintiff is the appellant. Her suit is for maintenance both arrear, pendente lite and future and for return of the ornaments and dowry which has been dismissed.Short case of the plaintiff is that she and defendant are Christians and they were married in the year 1974. As she protested against the illicit relationship of the defendant with another lady, defendant assaulted her and drove her away from his house. He has taken away the ornaments belonging to the plaintiff.2. Case of the defendant is that there is no marriage as alleged and the allegation that he drove her away is not correct. Taking of dowry or taking away the ornaments is also denied. Defendant asserted that plaintiff was a coolie under him. She is Hindu. She, however, remained with defendant for a long time before going away from his house. Suit is challenged to be not maintainable in view of an order under Section 125, Cr.P.C. in favour of plaintiff and in view of the fact that conditi...
Tag this Judgment!Sudhirlata Dei Vs. Krushna Chandra Mohanty
Court: Orissa
Decided on: Jan-02-1990
Reported in: 69(1990)CLT380; II(1990)DMC123
S.C. Mohapatra, J.1. This is an appeal by the wife under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act').2. Admittedly, the parties are parents of two sons and a daughter. Daughter is about 16 years old. One son is about 8 years old and the other is five years old. Both the parties are employed. Husband is an Assistant and wife is a Primary School Teacher.3. While the spouses were leading their marital life, there was separation between them. Wife resided separately with the youngest son aged five years. Daughter stayed with the sister of her father. Eldest son stayed with his father. Husband filed application for dissolution of marriage by a decree for divorce under the act registered as O.S. 1 of 1987.4. On receipt of notice wife filed an application for pendente lite maintenance of Rs. 500/- for her, Rs. 350/- for her son and litigation 2. expenses of Rs. 3,000/-. Husband resisted the application stating that he is getting Rs. 1,283/- per month from...
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