BICHITRA BHARALI KALITA Vs. DIPAK CHANDRA KALITA

JUDGEMENT

(1.) This appeal by the wife is directed against the judgment and decree dated 29.11.2011 (decree drawn on 15.12.2011), passed by the learned Principal Judge, Family Court, Kamrup at Guwahati in F.C.(Civil) Case No.66/2008, dissolving the marriage between the appellant and the respondent by passing a decree of divorce, on the ground of cruelty.

(2.) The respondent husband filed an application under Section 13(1) of the Hindu Marriage Act, 1955 (in short the Act), seeking a decree of divorce dissolving the marriage between the parties on the ground of cruelty, contending inter alia that after solemnization of their marriage on 07.05.1998, as per the Hindu rites, and the birth of their female child on 17.07.2000, the appellant/respondent started to behave with utmost cruelty with the petitioner and his family members by subjecting them to abusive languages, threatening to commit suicide with a view to separate the husband from his parents and accordingly under pressure though both the husband and the wife along with the minor child started living separately from 03.12.2003, the respondent husband was not allowed to live peacefully by the appellant wife, as he was tortured by her, both mentally and physically.

(3.) The appellant wife contested the proceeding by filing written statement denying the allegation leveled by the respondent husband and contending inter alia that it was the respondent husband who started torturing the appellant wife for dowry after 2/3 months of the marriage and completely avoided cohabitation as husband and wife and was driven her out from the matrimonial house on the day of Saraswati Puja in the year 2008. It has also been contended that the respondent husband in fact kept a concubine.