KHANINDRA CHANDRA DAS Vs. KUSUM DAS

JUDGEMENT

(1.) :- An application under S.13 of the Hindu Marriage Act, for short the Act, was filed by the husband Khanindra Chandra Das against his wife Smt. Kusum Das before the learned District Judge, Kamrup at Guwahati. By the impugned judgment and other the petition was dismissed and hence this appeal.

(2.) Both the parties are Hindu by religion and were married on 24-2-1974 according to Hindu rites and they lived together till 2-3-1983. Out of their lawful wedlock one daughter and one son were born on 29-10-76 and 17-11-80 respectively. According to petitioner both of them were maintaining good relationship including with other members of the family. The wife was attending Knitting classes in the afternoon and on 2-3-1983 she went to attend the said school, but did not return home. The husband made attempts to locate his wife. She was not found at the residence of her father which is situated within Guwahati city. All of them got worried and both the fathers of the husband and the wife lodged a missing report before the Officer-in-charge of Chandmari Police Station on 9-3-83. During this period of absence of the wife the son was taken seriously ill and he was admitted to the Gauhati Medical College Hospital and subsequently taken to Delhi for better treatment. Petitioner alleged that after about 9/10 months from 2-3-1983 he came to know that his wife was residing at the house of her parents. He made attempts to bring her home through friend and well wishers, but she refused to come. Hence, the petition was filed for decree for divorce on the ground of desertion.

(3.) Petition has been resisted by the wife and she has pleaded cruelty, ill-treatement, both mental and physical. According to her she continued to bear oppression and ill-treatment for the sake of her minor children. But on 2-3-1983 her husband and his parents inflicted untold mental torture by scolding her and driving her out from the house keeping the minor children with them. Thereafter, she went to reside with her uncle Haladhar Das who was examined as D.W. 1 and who was residing at Dumani Bazar in Barpeta District. According to her she did not go to her father's house as she thought that this would give unbearable shock to him who was suffering from high-blood pressure. She has denied desertion as alleged by her husband.