KISHORE SAHA Vs. JHUMA SAHA

JUDGEMENT

(1.) The judgment and decree dated 21.11.2009 passed by the learned Addl. District Judge, FTC, Dibrugarh in Title Suit (D) No. 54 of 2006 dismissing the divorce suit filed by the appellant has been challenged in this appeal. The marriage between the parties was solemnized, on 26.05.2003, in accordance with the Hindu Rites and Custom at Dibrugarh. After the marriage, the respondent resided at her matrimonial home along with the appellant-husband. It was alleged by the appellant-husband in his petition for divorce that the attitude of the respondent-wife towards her husband and family was never cordial and she used to refuse to do household works. The respondent while she was carrying pregnancy was taken by the mother of the appellant for medical check up, to Dr. P.K. Sarma of Doomdooma, but the respondent refused to get down from the bus and she told that she wanted to go Tinsukia. The mother of the petitioner accompanied her to Tinsukia, but when the bus reached Makum, the respondent insisted the appellant's mother to go back to Dibrugarh. Finding no other alternative, his mother came back home alone. Since then, the respondent deserted the appellant, although, the appellant and his family members went to bring her back, the family members of the respondents gave assurance them they would send back her to matrimonial home after 'Kalipuja' but the respondent did not join the husband society even after 'Kalipuja'.

(2.) A legal notice against the appellant's family was issued, to which, the petitioner gave reply. Thereafter, the respondent filed a case under Section 125 Cr.P.C. claiming maintenance from the petitioner. During the pendency of proceeding under Section 125 Cr.P.C., she gave birth to a female child. The petitioner also filed petition for restitution of conjugal life, which was registered as title suit under section 9 of the Hindu Marriage Act. It was alleged by the appellant that the respondent never allowed him and his family members to meet the female child born to her and she deserted him since 17.10.2003 without any valid reason.

(3.) The respondent contested the suit by filing written statement wherein, she alleged that since the date of her marriage, the appellant and his family members demanded valuable goods as dowry and when she failed to meet their demand, she was mentally and physically tortured and ultimately she was driven out to her matrimonial home.