KHITISH DEBNATH Vs. BITHI DEBNATH

JUDGEMENT

(1.) This appeal is by the husband, whose petition for divorce against respondent-wife, has been dismissed vide impugned judgment and decree dated 1.10.2015 passed in Title Suit (M) No. 7/2010 by the Additional District Judge No. 2, (FTC) at Tinsukia. By the impugned judgment and decree, the husband has also been ordered to pay Rs. 10,000/- per month as maintenance allowance to wife, or in the alternative, Rs. 10,00,000/- as permanent alimony.

(2.) The husband was married on 15.2.2006 to wife where after, she gave birth to a girl child. According to the husband, wife treated him with cruelty and even left his company without any sufficient cause. On these grounds, he filed a petition for divorce under section 13 of the Hindu Marriage Act, 1956 against wife. The wife, in reply, denied both the grounds of cruelty and desertion and prayed for dismissal of petition for divorce. She, however, did not seek any relief for maintenance allowance or permanent alimony.

(3.) The trial court, on the basis of pleadings, framed the following issues:-