AROTY TALOH Vs. SUBROTO BARUAH

JUDGEMENT

(1.) Heard Mr. S. Taye, learned counsel for the appellant and Mr. C. Modi, learned counsel for the respondent.

(2.) The judgment and decree dtd. 16/11/2020 passed by the learned District Judge, East Siang District, Pasighat in Divorce Petition No. 4/2016 has been assailed in this appeal filed under sec. 28 of the Hindu Marriage Act, 1955. By the said judgment and decree, the marriage between the parties was dissolved.

(3.) The respondent, as plaintiff, had instituted a divorce suit against the appellant under sec. 13(1)(i) and 13(i-a) of the Hindu Marriage Act, 1955which was registered as Divorce Petition No. 4/2016. It was alleged in the plaint that the appellant, who was the wife of the respondent, was a habitual gambler, who played gambling-rummy with male members day and night without caring for the respondent and was also living in adultery with one Kaling Perme, thereby caused cruelty to the respondent. On receipt of summons, the respondent appeared and contested the case by filing written statement on 6/6/2016 and denied all the allegations against her. It was pleaded in defence, amongst others, that the respondent used to beat her after consuming liquor without any reason and that the suit was bad for non-joinder of the person with whom the appellant was allegedly committing adultery and that the respondent has deserted her.