GOURI ROY Vs. BALAI ALIAS ASHISH MOHANTA

JUDGEMENT

(1.) FACTS

(2.) The brave girl Gouri, the appellant above named unfortunately took her birth in the womb of her mother Purna Laxmi Roy, a Group-D staff in a Health Home at Alipurduar. Purna Laxmi got acquainted with Balai alias Asish Mohanta, the respondent above named. They became friendly. On February 13, 1991 Purna Laxmi gave marriage to her minor daughter Gouri who was studying in school. She was fifteen years old at that time. The couple resided in a rented house for a month. Balai was doing nothing and used to inflict torture upon Gouri. Soon they shifted to the hospital quarter belonging to Purna Laxmi. Purna Laxmi was maintaining them. She was rather akin to Balai despite Gouri being tortured by him. Gouri started her battle. She continued her study by making arrangement of her own through private tuition. She got Government stipend to continue her education. She gave birth to her only son Avijit Mohanta who was reading in class VIII when Gouri filed the suit for dissolution of marriage. Gouri completed her post-graduation and B.Ed. bearing continued torture from Balai. She was maintaining herself as also her son, side by side continuing study for both. Balai used to do odd jobs at the time of filing of the suit. He was working as a helper of one doctor called Dr.Asish Mukherjee at Alipurduar. Ultimately Gouri succeeded to get a decent job. In 2003 she served Zilla Parisad as a contracted employee and was also working as a part-time lecturer in Vivekananda College at Alipurduar. She shifted to a rented house near Vivekananda College with her son. Balai continued to disturb them. He was frequent in visiting her house demanding money. She was threatened with dire consequence. Torture being unbearable, she approached the learned Judge by filing Matrimonial Suit No.37 of 2004. At that time she was a part-time lecturer in Vivekananda College.

(3.) Balai filed a written statement. He denied all the allegations. He denied torture being inflicted on her. He was a bus conductor earning rupees three thousand five hundred per month and he was maintaining his wife and son. On his encouragement, Gouri could complete her education. He was earning Rs.4000/--5000/- per month working as a Technician under Dr. Mukherjee. He repeatedly requested Gouri to come back that she flatly denied. He however continued to maintain his duties towards his wife and son.