BINAPANI BHATTACHARJEE Vs. PRATAP BHATTACHARJEE

JUDGEMENT

(1.) The Principal Judge, Family Court, Guwahati by the judgment dated 22.1.1996 passed in Case No. FC. (Civil) 22/95 granted a decree of divorce at the instance of the respondent-husband with direction to pay Rs. 45,000/- as compensation. Being aggrieved thereby, this appeal has been filed by the wife controverting the legality and correctness of the judgment.

(2.) Mr. N. Choudhury, learned counsel appears for the appellant when the case is called out. None appears for the respondent. We have heard the learned counsel for the appellant and having regard to the nature of the dispute, we propose to dispose of the same.

(3.) The marriage between the parties was solemnized on 31st July, 1991 and both of them settled together at Tura. The behaviour of the appellant from the very beginning towards her husband and other elder members of the family was erratic. All attempts to mend her conduct at the instance of the respectable neighbours failed. Eventually, in the month of October, 1991 the respondent himself came to Guwahati with the appellant and left the appellant in her parental home. He also visited Guwahati time and again but the appellant wanted to stay further with her mother and brother. On the other hand, the appellant insisted the respondent to come and stay with them in her mother's house. The respondent refused to oblige. On 3rd August, 1992 a son was born out of the wedlock and the respondent came to Guwahati to take the appellant and the child back to Tura. The appellant declined to go immediately and promised that she would reach Tura within 1 Oth December, 1J992. But the promise was not honoured. All attempts made by the respondent to take the appellant back to his house at Tura failed. The behaviour and conduct of the appellant as narrated above amounted to cruelty as provided in Section 10 of the Hindu Marriage Act, 1955. The respondent filed D.S. No. 5/ 93 for judicial separation in the Court of ADC and Civil Judge at Tura. The appellant also initiated a proceeding under Section 126 of the Code of Criminal Procedure for maintenance and the said proceeding was disposed of with direction to the respondent to pay maintenance at the rate of Rs. 400/- per month to the appellant and her son. The appellant has been living separately since then denying co-habitation with the respondent. This conduct of the appellant amounted to cruelty as provided in Section 13(l)(ia) of the Act of 1955. Hence, the respondent-husband filed the suit seeking a decree of divorce.