SAMIR KR DAS Vs. APARNA DAS SMTI

JUDGEMENT

(1.) This appeal has been filed under Section; 28 of the Hindu Marriage Act, 1955 agains: the Judgment and decree dated 9.6.97 passed by the learned District Judge, Cachar at Silchar in Title Suit No. 37 of 1994. A suit was filed: by the present appellant for a decree of divorce on the ground of desertion of the appellant (husband) by the respondent-wife.

(2.) The brief facts are as follows: The parties were married according to Hindu rites on 8.3.80. It was a marriage by negotiation. The plaintiff-respondent is a Doctor and the defendant-wife was a Science graduate. A daughter was born out of the wedlock on 9.4.81. After three months of the birth of the baby, it is alleged by the plaintiff, defendant-wife went to her parents house and she did not return to her marital home, but she took shelter at her parents house and she was brought back by the plaintiff after good deal of pursuation. After return from her parents house, the wife did not want to reside at her marital home and wanted to go back to her parents house. In the last part of April, 1982 the parents of defendant-wife went again to bring the defendant, but the plaintiff did not send her. Thereafter on 5.5.1982 the plaintiff came to know that a search warrant had been issued by the Court of Magistrate at Silchar. Search warrant was issued on some false and concocted allegations by the father of the defendant-wife. The defendant on the dead hours of night of 4.5.82 came out from the village house of the plaintiff leaving the breast sucking baby and took shelter in the house of one Radhey Dey near Katakhal Bazar. It is the case of the plaintiff that the defendant voluntarily deserted the plaintiff without reasonable cause. In the case No. 203M/82 before the Magistrate, defendant gave a false and concocted statement. That after the aforesaid date the defendant did not keep any contact with the plaintiff though the plaintiff used to write letters to her to know the welfare of herself as well as of the baby. The allegation of the plaintiff is that the defendant totally repudiated the obligations of marriage. In the last part of 1985 the defendant joined the service in the United Bank of India and she is working there (at present she is an Officer of the Bank). The plaintiff was transferred to Silchar and then also he tried to pursue the defendant to come his rented house at Bilpar, Professor para, Silchar. A lot of attempts were made to bring back the defendant, but it was unsuccessful. Father of the plaintiff expired on 3.1.89 and this information was also sent to the defendant. But she did not come. Hence, this suit for a decree of divorce by dissolution of marriage.

(3.) A written statement was filed and therein the allegation of wilful desertion has been denied. Her case is in para 11 page 12 of the written statement and in brief they are as follows: