NABAJIT KR. DAS Vs. NIRMALI DAS BANIA

JUDGEMENT

(1.) The instant appeal has been preferred under Sec. 28 of the Hindu Marriage Act, 1955 against the Judgment and Decree dtd. 17/11/2021 passed by the learned Principal Judge, Family Court, Barpeta in Title Suit (M) F.C. 03/2018. The appellant is the First Party - husband who had instituted a suit for divorce under Sec. 13 (1) (i-a) of the Hindu Marriage Act, 1955 and by the impugned judgment and decree, the suit has been dismissed.

(2.) We have heard Shri D. Borah, learned counsel for the appellant. We have also heard Shri M. Baruah, learned counsel for the respondent.

(3.) Shri Borah, the learned counsel for the appellant has submitted that the learned Family Court had failed to appreciate the grounds taken for seeking the decree of divorce under the Hindu Marriage Act. It is submitted that grounds of cruelty and adultery were specifically taken in the petition with supporting pleadings. The learned Court had framed Issues out of which relevant Issue is with regard to the aspect of cruelty and desertion. The appellant has adduced evidence through 3 (three) numbers of PWs including himself.