AMRITA DAS Vs. MUKUL DAS

JUDGEMENT

(1.) The validity of the judgment and order dated 2.8.2004 passed by the learned Additional Deputy Commissioner, Shillong in Matrimonial Case No. 1(T) of 2004 granting a decree of divorce to the respondent by dissolving the marriage between the appellant and the respondent is called into question in this appeal.

(2.) Heard Mr. N. Mozika, the learned counsel for the appellant and also heard Mr. HR Nath, the learned counsel for the respondent.

(3.) To appreciate the controversy involved in this appeal, a brief narration of uncontroverted facts may be apposite. The respondent herein filed an application under Section 13(1)(i) of the Hindu Marriage Act, 1955 before the learned Addl. Deputy Commissioner, Shillong for dissolution of his marriage with the appellant. The respondent got married with the appellant on 9.12.2002 at Karimganj, Assam in accordance with Hindu rites and rituals, whereafter they resided at Shillong for a brief period. After their marriage, the appellant left her matrimonial house on 12.02.2003. She, however, returned to the respondent on 10.03.2003 and stayed with him thereat till 15.02.2003, and then she again left for her parental house. During this short period, she had a complaint of illness with maternity symptom, for which she was taken to a medical clinic at Shillong for necessary test. The medical test indicated that there was no symptom of pregnancy at that time. However, while she was at her parental house, she gave birth to a male child on 19.11.2003. A number of allegations on cruelty etc. are also made by the respondent against the appellant. The respondent could not believe that the child begotten by the appellant on 19.11.2003 was his and suspecting that the pregnancy of the appellant was caused by her living in adultery with some other person, he filed the application for dissolution of marriage.