ALEKH BORAH Vs. SUNUMA BORAH

JUDGEMENT

(1.) Heard Ms. A. Baruah, learned counsel for the petitioner. However, the learned counsel representing the sole respondent remain absent on call.

(2.) This is an application under Sec. 397/401 of the Code of Criminal Procedure, 1973, read with Sec. 19 of the Family Courts Act, 1984, for quashing and setting aside the order dtd. 20/1/2023, passed by the learned Principal Judge, Family Court No. III, Kamrup (Metro), Guwahati, in F.C. (Crl.) Case No. 383/2021.

(3.) It is stated that the marriage between the parties were solemnized on 10/2/2016 according to Hindu Rites and Rituals and after marriage, they resided as husband and wife in the residence of the petitioner till the date of their separation, i.e. 14/6/2021. In the month of June, 2016, at about 5.30 p.m., the respondent went to her parental home without informing the petitioner or anyone of his family member. However, after 15 (fifteen) days, the petitioner consoled her and requested her to continue their married life with him on mutual understanding and thereafter they even started taking treatment under a Gynecologist. But the respondent always misbehaved with him and his family members and even with his old aged mother who is of 77 years, but the petitioner tolerated all these tortures only to save his married life. In the month of November, 2020, the petitioner took the respondent for treatment at Swasti Hospital, Rangiya under the Gynecologists Dr. Diganta Deka and he asked the petitioner and the respondent to go to Pratiksha Hospital for IVF treatment and also prescribed some medicine. But the respondent continued her treatment under one "bej' namely Smt. Banamali Nath and hence had a miscarriage and failed the IVF treatment.