HARIDEV CHANDRA DAS Vs. JOYMATI DAS

JUDGEMENT

(1.) This appeal by the appellant/husband is directed against the judgment dated 31st July, 2002 passed by the learned District Judge, Barpeta in D. T. S. No. 5/2001, dismissing the suit filed by the appellant for dissolution of the marriage between the appellant and the respondent/wife.

(2.) The appellant filed the aforesaid suit praying for dissolution of the marriage with the respondent, solemnized on 21 st April, 1991, according to Hindu customs and traditions, on the ground of desertion and cruelty contending that the respondent/wife on 3 rd June, 1995 without the consent and knowledge of the husband and without any reasonable cause has left the matrimonial house and withdrawn herself from the society of the appellant, thereby deserted him. It has also been contended that though several attempts were made by the appellant to bring back his wife from her paternal house, she has refused to come back and consequently refused to resume the conjugal life resulting in cruelty towards the appellant/husband.

(3.) The respondent/wife on receipt of the summons entered appearance and filed the written statement admitting the marriage and denying the allegation of desertion and cruelty, contending inter alia that because of the mental and physical torture meted to her by the appellant/husband and his other family members, she was compelled to come out from the matrimonial house and took shelter in her parents house. It has further been contended that no attempt was ever made by the appellant/husband to bring her back and even the husband refused to maintain her for which she has to file the proceeding under Section 125 Cr. P. C. and accordingly the maintenance has been granted by the Court for refusal to maintain her by the husband.