MANABENDRA CHOWDHURY Vs. TRIPTI CHOWDHURY

JUDGEMENT

(1.) This appeal U/s 19 of the Family Courts Act, 1984 has been preferred against the judgment dated 30.4.98 passed by the learned Principal Judge, Kamrup in Case No. F.C. (Civil) 105/1995 whereby the suit filed by the appellant for a decree of divorce was dismissed. Being aggrieved thereby, the appellant-husband has preferred this appeal challenging the propriety and validity of the impugned judgment on various grounds.

(2.) We have heard Mr B .R. Dey, the learned counsel for the appellant and Mr J. Deb, the learned counsel for the respondent.

(3.) The pleadings on record and the impugned judgment indicate that the appellant sought a decree for divorce primarily on the ground of desertion and cruelty. According to the learned Principal Judge, the appellant has failed to prove both the allegations and, as such, a decree of divorce could not be passed under the provisions of Section 13 of the Hindu Marriage Act, 1955.