BEAUTY KARMAKAR Vs. BASU KARMAKAR

JUDGEMENT

(1.) This appeal is directed against the judgment and decree, dated 7.6.2008, passed by the learned Sessions Judge in T.S.(Divorce) No. 06 of 2007.

(2.) The Appellant-wife contested the Respondent 's claim by filing a written statement. Admitting the marriage between the parties, the Appellant-wife denied all the allegations brought against her. She alleged that the parents of the Respondent used to provoke the Respondent to misbehave with her and that her husband, i.e., the Respondent too used to indulge in intoxication and caused physical torture, demanding the Appellant to bring money from her parents' house. It is also alleged that, due to her failure to meet the said demand, the Respondent and his parents took away all her ornaments and that as she was pregnant, at that time, apprehending further assault on her, her brother-in-law brought her to her parents' house at Bongaigaon, wherein she has been living since then. The Appellant categorically denied the claim of the Respondent that he had visited her parents' house for the purpose of taking her to the matrimonial home. Admitting the institution of a suit for restitution of conjugal right, the Appellant stated that the said suit was dismissed for default and that the Appellant was compelled to file a petition, under Section 125 of the Code of Criminal Procedure, 1973 (' Code of Criminal Procedure ') seeking maintenance allowance for herself as well as her minor son. In her written statement, the Appellant contended that the Respondent was not entitled to get a decree for dissolution of marriage under Section 13(I)(A) of the Act and that she was entitled to permanent alimony from the Respondent till her re-marriage. She prayed for dismissal of the suit with permanent alimony @ Rs. 5,000 per month for herself and her son.

(3.) To substantiate their respective claims both the parties examined two witnesses each.