PUTUL KUMAR SARMA Vs. DIBYAJYOTI SARMA PUJARI

JUDGEMENT

(1.) This appeal has arisen out of the judgement and order, dated 23.12.2009, passed, in FC (Civil) No. 362/2005, by the learned Member, Family Court, Kamrup, dismissing the suit and declining thereby to dissolve the marriage of the present appellant with the respondent herein. The appellant filed a petition, under Section 13 of the Hindu Marriage Act, 1955, seeking dissolution of marriage with the present respondent on the ground that his wife (i.e., respondent herein) had treated him with cruelty and that she had been maintaining adulterous relation with one Sri Dipak Bezbaruah (i.e., respondent No. 2 in the said suit), the case of the appellant being, in brief, thus:

(2.) The respondent No. 1 contested the suit by filing written statement, her case being, briefly stated, thus:

(3.) The respondent No. 1 also stated, in her written statement, that the petitioner (i.e., the appellant herein) had the intention to have a second marriage for the purpose of having a son, that the petitioner had started to torture his wife, both physically and mentally, since after four months of their marriage, but she used to tolerate, for, she was mother of two minor daughters, and she never wanted divorce. The respondent, thus, prayed for dismissal of the suit filed by the petitioner.