JOSHODEB ARJUN Vs. CHIRONTONI NANDI (ARJUN) & ANR.

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 26.08.2009 rendered by the learned Principal Judge, Family Court, Cachar, Silchar, passed in F.C. (civil) 28/2006 dismissing the petition of the appellant for dissolution of marriage by a decree of divorce under the provision of Section 13(1)(ia) of the Hindu Marriage Act, 1955. The facts relevant for the purpose of disposal of this appeal may be narrated as under:

(2.) The pleadings of the husband are as follows:--

(3.) The respondent-wife contested the suit by filing a written statement stating inter alia that there is no cause of action and the suit is not maintainable in the present form, besides being barred by principles of waiver, limitation, estoppel, etc. She has denied the allegations brought against her in the plaint. She has also stated that the appellant never brought those facts, which have been narrated in the present petition and in his earlier petition for divorce, i.e., T.S. No. 12/2004. In her written statement she stated as follows:--