(1.) This appeal is by the wife-Anita Baishya-against the judgment dated 29.01.2015 passed by the District Judge, Nalbari in Title Suit (M) No. 31 of 2013, whereby the petition filed by her husband, Rajesh Talukdar, for passing a decree of judicial separation under section 10 of the Hindu Marriage Act, 1955 (in short 'Act') has been allowed.
(2.) Facts in short are these. Appellant and Respondent were married on 06/05/2013 and they started their married life in the house of respondent. According to respondent, just about 6/7 days after marriage, appellant started treating his family members cruelly and used to abuse all in filthy languages. On 31/5/2013, she came out of the house without any rhyme or reason and abused his family members in loud voice with filthy languages. He then intimated her family members about her abnormal behaviour and on the next day, her uncle and brother came to his house and took her to her paternal house in presence of the village headman with a promise to return her when her behaviour improved. Therefore, since it was not possible to live with her, he filed the suit on 20.6.2013 for a decree of judicial separation in the Court of District Judge, Nalbari on the ground of cruelty. Also, after receiving the notice from the court, the appellant made a false report against him and his parents under Section 498A of the Indian Penal Code.
(3.) Appellant contested the suit denying the allegations made by respondent regarding cruelty meted out to him as well as his parents. She contended that after marriage, respondent started demanding a sum of Rs. 50,000/- besides refrigerator, washing machine, colour television, mixer grinder etc. at the instigation of his family members and on 31/5/2013, she was tortured on demand of dowry and none came for help. Respondent called her family members and asked them to take her back. Her uncle and brother came next day and took her with them. As such she was made to leave the matrimonial home and she was willing to resume conjugal life. Hence, she prayed for dismissal of the suit.