SRI JAYANTA PAUL Vs. SMT. RUMI DEY

JUDGEMENT

(1.) This appeal under section 39 of the Special Marriage Act, 1954 has been filed by the husband Jayanta Paul-challenging the legality and validity of the impugned judgement and decree dated 15.10.2015 passed by the District Judge, Kokrajhar in Title Suit (D) 32/2015 dismissing the petition filed by him for divorce under section 27 of the Special Marriage Act, 1954.

(2.) The brief facts are these. The appellant married the respondent Rumi Dey on 20.7.2006 under section 13 of the Special Marriage Act, 1954, which was followed by a marriage as per Hindu rites and customers. Thereafter wife started living together with the husband in his house till 21.12.2007 on which date she deserted him and started living with her parents. The husband visited the house of her parents in the month of July,2008 and persuaded her to live with him. Later, as desired by wife to live separately from the parents of husband, they started living in a rented house. After 2 months, i.e. on 8.1.2009, the wife again left the company of husband without his consent and since then she has been living with her parents till date. The husband visited the house of her parents on 15.1.2009 and tried to persuade her to return but in vain. All the efforts made by him became futile and as such finding no alternative he filed the suit for divorce.

(3.) When the notice of the case was sent to wife she refused to accept the same on 18.8.2015 and as such the suit proceeded ex-parte. Husband adduced his evidence as PW1and the evidence of his father-Sambhu Nath Paul-as PW2. The process server Rajiv Narzary was also examined and he deposed that wife refused to accept the notice. However, the District Judge dismissed the suit by way of the impugned judgement and decree as aforesaid, holding inter-alia that the desertion by wife has not been proved and the husband made no bona fide attempt to bring her back home. Being aggrieved, the husband has filed this appeal.