BALO RAM SAIKIA Vs. ANIMA SAIKIA

JUDGEMENT

(1.) This is an appeal by the husband under the Hindu Marriage Act, 1955 in a suit for divorce, which has been dismissed.

(2.) The appellant-husband, Balo Ram Saikia was married to respondentwife, Anima Saikia in the year 1984 whereafter 4 children (2 daughters and 2 sons) were born to her. The husband is working as Police Inspector in the State of Assam. The petition for dissolution of marriage was presented on 8.6.2007 by the husband. The allegation of the husband in the petition is that wife has been treating him with cruelty because he could not fulfill her demand for luxuries. The husband has also alleged that the wife did not willfully allow him to perform sexual intercourse with her and as a result of which, he had to forcefully execute his conjugal rights. The husband has further averred that the attitude of wife has been so hostile towards him that he had to leave family house in the year 2002 and live separately in a rented one.

(3.) The defence of the wife is that she did not desert the husband and it is he, who has left her and children, after the 4th child was born, because he was having illicit relations with another woman, with whom, he has now illegally remarried. The wife has also alleged that the husband has a daughter from the second woman and he has filed the petition for divorce mainly to deprive her and children of their legal rights. The wife has further averred that husband often used to return late night in a drunken condition and whenever she objected to this conduct and his illicit relation with another woman, he would treat her with cruelty both mentally and physically. According to wife, she was constrained to file complaint to the Women Legal Aid Cell, Guwahati due to which husband has been paying a meager amount as maintenance allowance, which is wholly insufficient to her and children.