SRI NABAJYOTI SAIKIA SON OF LATE BHOLARAM SAIKIA Vs. SMTI. ANU KUMARI GOGOI SAIKIA D/O LATE BHADRESWAR GOGOI BONGAL GAON

JUDGEMENT

(1.) AND ORDER (CAV) - This appeal under section 28 of the Hindu Marriage Act, 1955 has been filed challenging the legality and validity of the impugned judgment and decree dated 28/5/2013 and 3/6/2013, respectively passed by the District Judge, Jorhat in Marriage Title Suit No. 43/2009, dismissing the suit of appellant holding it to be not maintainable.

(2.) The brief facts are these. According to the appellant he married the respondent on 3/5/2001 where after they lived together upto 4/3/2006. On 4/3/2006, the respondent left his house and went to her parental home. He tried to bring her back, but in vain. Therefore, he filed Title Suit (Matrimonial) No. 29/2006 for dissolution of marriage in the Court of District Judge, Jorhat. In the said suit, appellant pleaded that the respondent filed many criminal cases frivolously and maliciously against him and his old mother and as such she treated him with cruelty. But, on contest the said suit was dismissed vide judgment and decree dated 15/11/2008.

(3.) However, the appellant again filed another Marriage Title Suit No. 43/2009 against her on the same ground of cruelty seeking divorce.