RENU DAS Vs. BHASKAR DAS

JUDGEMENT

(1.) This review application has been brought by Smti. Renu Das for review of judgment dated 19.06.2020 rendered in Matrimonial Appeal No. 20/2019 (Shri Bhaskar Das Vs- Renu Das).

(2.) The skeleton of facts necessary for addressing the issue raised by virtue of this review application are that Bhaskar Das, the appellant filed Divorce Case TS(M) No.9/2014 In the Court of District Judge, Dibrugarh, essentially taking the ground of cruelty and desertion against his wife Smti. Renu Das. The suit was dismissed by judgment and decree dated 15.12.2018. Aggrieved thereby, the husband Bhaskar Das filed the matrimonial appeal.

(3.) Essentially it appears that review is sought on the ground that not wearing or refusal to wear 'sindoor' by wife cannot constitute cruelty so as to justify dissolving the marriage. Further it was urged by the learned counsel for the review petitioner that the agreement entered between the parties was at the instance of the family members of both the parties to sort out the misunderstanding between them. The learned counsel for the review petitioner urged that as per the agreement no family members of either the husband or the wife were to visit them. As such, the finding of the judgment in this Court under review, the wife had compelled the husband from performing his statutory duties towards his aged mother under the provisions of the 2007 Act will amount to an error apparent on the face. Since this order is being rendered in a review application, we are not referring to the facts in detail. Suffice it to say that the grounds for allowing the matrimonial appeal, setting aside judgment dated 15.12.2018 (supra) and dissolving the marriage essentially are