JAGAT BORA Vs. BHANU BORA

JUDGEMENT

(1.) HEARD Mr. S.K. Ghosh, learned counsel for the appellant. None appears for the respondent.

(2.) THIS Second Appeal has been preferred against the judgment and decree dated 11.08.2003 passed by the learned Civil Judge (Senior Division), Nagaon, in Title Appeal No. 15/2003 dismissing the appeal and affirming the judgment and decree dated 10.02.2003 in Title Suit No. 20/2001.

(3.) THE defendant contested the suit by filing her written statement wherein she has given a completely different version. The defendant's story is that the plaintiff had married the defendant on 03.10.96 in the house of the defendant as per the Hindu rites by performing horn, jogya and saptapadi whereafter the defendant had gone to the matrimonial house with the plaintiff. However, after a few months of cohabitation as husband and wife the plaintiff started demanding dowry of Rs. 10,000/ - from the defendant asking her to bring the amount from her father. The defendant could not bear such illegal demands and the consequent torture unleashed upon her but still somehow continued to live with the plaintiff. After about nine months of the marriage the defendant was eventually driven out by the plaintiff from the matrimonial house warning her not to return without the money demanded. The defendant had also instituted proceedings under Section 498A of the IPC on account of the torture committed her by the plaintiff.