BULBUL SHARMA Vs. VIJOY KUMAR SHARMA

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment and decree, dated 01.06.2006, passed by the learned Principal Judge Family Court, Kamrup, Guwahati, in FC (Civil) No. 82/2003, whereby and whereunder the learned Family Judge, while allowing the petition, filed by respondent-husband, under Section 13 of the Hindu Marriage Act, 1995 (hereafter referred to as the Act) dissolved the marriage, solemnised between the appellant and the respondent, on 28.11.1958.

(2.) WE have heard Mr. P. K. Roychoudh-ury, learned counsel appearing for the appellant and Mr. J. Roy, learned counsel appearing for the respondent.

(3.) CONSIDERING the materials, on record, the learned Trial Judge came to the findings that both the parties have been living separately for seven years and that their marriage has been irretrievably broken down, leaving no scope for reconciliation. In view of the above the learned Trial Judge held that the desertion caused by the wife, amounted to cruelty, for which the husband was entitled to get a decree of divorce as prayed for. Accordingly by the impugned judgment and order, the learned Trial Judge granted the decree dissolving the marriage between the said couple.