NIKUNJA DAS Vs. RANJU PATHAK

JUDGEMENT

(1.) The appellant/petitioner before us, Shri Nikunja Das instituted Divorce suit being DTS No. 3/96 before the District Judge, Barpeta seeking a decree for divorce on the grounds of cruelty and desertion as provided under Section 13(1) of the Hindu Marriage Act 1955 (for short the Act). The suit was contested by the respondent wife and thereafter vide impugned judgment dated 19-3-99 the learned District Judge dismissed the suit and hence the present appeal under Section 28 of the Act.

(2.) The case of the appellant, in brief, is that he was married to the opposite party Ranju Pathak on 16-10-90 as per Hindu rites and thereafter they lived together as husband and wife. It was a joint family and it is alleged that soon after the marriage the opposite party showed her reluctance to reside in a joint family and insisted upon the husband to live separately. The appellant was not willing to do so as a result on which the wife started torturing the appellant mentally to put pressure on him. She also deserted him and went to her parent's place.

(3.) The suit was contested by the opposite party who filed the written statement denying the allegations of ill-treatment, cruelty and desertion, etc. It was also stated that on several occasions she tried to return back and live with her husband but her husband as well as his family members refused to allow her to enter into the house and misbehaved with her.