SRI JOYJIT SAHA, SON OF LATE RAJ BIHARI SAHA RESIDENT OF NAHARKATI TOWN, Vs. MONTI SAHA, WIFE OF SRI JOYJIT SAHA D/O SRI MADHAB CH. SAHA RESIDENT OF

JUDGEMENT

(1.) Heard Mr. M.K. Sah, learned counsel appearing for the appellant (husband). Also heard Mr. M.B.U. Ahmed, learned counsel appearing for the respondent (wife).

(2.) The appellant filed a petition under Sec. 13(1)(i-b) of the Hindu Marriage Act, 1955 (herein after referred to as "H.M. Act"), for a decree of divorce by contending that the respondent wife has deserted the petitioner w.e.f. 03.08.2005 by leaving the matrimonial home at Naharkatia with her minor child, to reside in her parental home at Dibrugarh. Through the impugned judgment dated 20.02.2014 in the T.S.(Divorce) No. 43/2010, the learned District Judge, Dibrugarh, after considering the evidence on record found that, desertion by the respondent was under compelling circumstances and was not without reasonable cause and on the basis of such finding on the issue No. 3, the divorce petition was rejected.

(3.) Mr. M.K. Sah, learned counsel submits that the judgment under challenge was a presumptive judgment without consideration of the evidence on record and accordingly, the legality of the impugned verdict is questioned by the appellant. The counsel submits that the appellant tried to bring back his wife from her parents' residence but she refused to return back to the company of her husband.