LALIT SINHA Vs. SANDHYA SINHA

JUDGEMENT

(1.) Heard Mr. S. C. Bswas, learned counsel for the appellant. We have also heard Mr. M. H. Rajbarbhuiya, learned counsel for the respondent.

(2.) This matrimonial appeal has been filed by the appellant husband, being aggrieved by the judgment and decree dtd. 22/12/2017, passed in Title Divorce Suit No. 48/2015 by the learned court of District Judge, Karimganj, dismissing the suit for divorce preferred by the appellant husband.

(3.) The case of the appellant husband as projected is that, the marriage between appellant and the respondent was solemnized on 1/6/1996 and out of their wedlock, one daughter and a son were born. The appellant is a constable serving under Assam Police. Though the appellant and respondent started their conjugal life, the appellant had to stay away from his residence, as he was posted initially at Nalbari and thereafter, at Haflong. According to the appellant, the respondent wife, during his absence used to stay in her parental house and refused to take care of his elderly mother. Since 2004, according to the appellant, the respondent started continuously living at her parental home leaving behind the appellant and her matrimonial home without any just cause. According to him, being situated thus on 4/6/2012, the appellant sent a legal notice to his wife to come back to his company and after receiving such legal notice, on 19/7/2012, the wife filed a case under Sec. 498(A) of the IPC which was registered as C.R. Case No. 872/2012. The respondent wife also filed another case under Sec. 125 of the Cr.P.C. for her maintenance, which was registered as Misc. Case No. 171/2012. The appellant husband contends that in the said case registered under Sec. 498(A) of the IPC, the appellant and his mother were discharged. According to the appellant, he continued to pay the maintenance granted in Miss Case No. 171/2012.