SAMPA KARMAKAR Vs. SANJIB KARMAKAR

JUDGEMENT

(1.) THE instant appeal is by the wife impugning the decree for dissolution of her marriage with the respondent vide the judgment and order dated 18.6.2004 rendered by the learned District Judge, Dhubri in Title Suit (D) Case No. 39/2002.

(2.) WE have heard Mr N Choudhury, learned counsel for the appellant and Mr D Mazumdar, learned counsel for the respondent assisted by Ms T Sakia, Advocate.

(3.) THE respondent further stated that the appellant in addition to the above without any reason left her matrimonial home on 28.2.2001 and though she returned for a brief period on 22.4.2001, she left on the very next day with her elder brother Mr Badal Karmakar. It was thereafter that the respondent on 6.5.2001 came to learn that the appellant was on her family way. Having learnt of the same, he along with the appellant's brother Mr Badal Karmakar took her to Dr. Jayanta Das for advice who, in turn, consulted them to see a Gynaecologist. According to the respondent, though the said visit to the Gynaecologist was arranged, he on his return from his office on that particular day, found that the appellant had left for Dhubri with her brother. THE respondent also narrated the steps taken by him to bring back the appellant which, according to him, inspite of his best efforts failed. He, therefore, instituted the suit by getting an Advocate's notice issued to her which also remained un-responded. A decree for dissolution of the marriage was, thus, sought for on the ground of mental disorder resulting in cruelty as well as desertion. A prayer for annulment of the marriage under Section 12(b)(ii) of the Hindu Marriage Act, 1955 (for short, hereinafter referred to as 'the Act') was also sought for on the ground that the factum of mental disorder of the appellant had been concealed from him.