DIGANTA DEKA Vs. UPAMA DEKA

JUDGEMENT

(1.) Heard Mr. J.I. Borbhuiya, learned counsel for the appellant and also Mr. S.C. Biswas, learned counsel for the respondent.

(2.) This appeal under Section 28 of the Hindu Marriage Act, 1955 is directed against the Judgment and Order dated 03.05.2014 passed by the learned District Judge, Nalbari in T.S. (D) No. 2/2010 under Section 13 of the Hindu Marriage Act, 1955, whereby the learned District Judge has dismissed the suit filed by the appellant.

(3.) The appellant got married with the respondent/wife on 03.02.2006 at Niz-Namati under Nalbari District in accordance with Hindu Law as they governed by the Hindu Law and are having a minor son born on 05.02.2008. It is submitted that the respondent-wife desired to live separately only with the husband leaving the family members of the husband. The appellant being a Central Government employee was working as a Constable under SSB and was posted at Chhattisgarh and as there was no any suitable provision provided to keep family at working place, being offended respondent left her matrimonial home at Nalbari, she being stubboned in nature. She filed a case before Judicial Magistrate. Nalbari vide C.R. Case No. 19/2009 under Section 498(A) I.P.C. on fictitious ground against the family members of the appellant in absence of the appellant. However, the said case was compromised in the terms of settlement as desired by the respondent that the respondent would stay separately in her parental house and the appellant will also stay with her as and when he would come home from service place. The appellant being peace loving person tried his best to lead the family life smoothly considering the fate of the minor son. In the meantime, the appellant was transferred to Lucknow and he arranged family accommodation but the respondent/wife was reluctant to come to his new place of posting at Lucknow and in spite of all endeavour, he failed to bring her and/or to take her to his new place of posting at Lucknow. Accordingly, the appellant was compelled to issue a notice dated 09.12.2009 through his counsel requesting her to come to join him at Lucknow which was duly received by the respondent/wife but instead of joining him at new place of posting she filed a maintenance case under Section 125 Cr.P.C. before the learned Chief Judicial Magistrate, Nalbari vide Misc. Case No.87/2009 and, accordingly, the petition was allowed and the learned Court of Judicial Magistrate, Nalbari vide judgment and order dated 24.02.2010 was pleased to grant maintenance amount of Rs. 4,000/- per month to the respondent/wife and her minor son and as on date the appellant has been paying the maintenance to the respondent/wife regularly. Finding no alternative, the appellant was compelled to file a suit for dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955 before learned District Judge, Nalbari vide Title Suit (D) No. 2/2010.