DIPIKA NATH HALOI Vs. BIPUL NATH

JUDGEMENT

(1.) The instant appeal has been preferred under Sec. 19 of the Family Court Act, 1984 against the impugned judgment dtd. 17/3/2020 passed by the learned Principal Judge, Family Court, Nalbari in F.C. (Civil) Case No. 84/2019 granting a decree of divorce on the ground of desertion as provided under Sec. 13 (1) (ib) of the Hindu Marriage Act, 1955 (herein after the Act). The said petition was instituted by the respondent herein- the First Party husband. The appellant herein is the second party - wife.

(2.) As per the pleadings, the marriage was solemnized between the parties on 20/5/2013 as per the Hindu rites and rituals. The husband-First Party had alleged that the matrimonial house was in a joint family and the second party wife had insisted to stay separately and was behaving rudely to the other family members. She had also attempted to commit suicide by which tremendous mental cruelty was caused to the First Party. It has also been alleged that the brother and uncle of the wife had come to the matrimonial house and had created a ruckus by damaging the television and the glass table on 24/12/2014 and on the said date, the wife had left the matrimonial house and did not return thereafter. At the same time, a proceeding under Sec. 125 of the Cr.P.C. was instituted pursuant to which the First Party- husband is paying an amount of Rs.4000.00 (Rupees Four Thousand) to the wife -second party and Rs.2000.00 (Rupees Two Thousand) for the maintenance of the minor daughter. It has been alleged in the petition filed for divorce under the ground of desertion that ever since the wife had left the matrimonial home on 24/12/2014 she did not come back and on the other hand, false allegations were made against him.

(3.) In the written statement filed by the wife, who is the present appellant, the allegations made against her were denied. On the other hand, she had made counter allegations that the husband was having extra-marital affair with his sister-in-law. It has also been alleged that she was physically tortured and there was a demand of Rs.3,00,000.00 (Rupees Three Lakhs) from her maternal house. It has also been stated that on 24/12/2014, she was assaulted physically with a stick and was driven out from the matrimonial house.