SRI AMRITJYOTI DUARAH SON OF SRI SAHADEV DUARAH Vs. ALAKA DUARAH W/O SRI AMRITJYOTI DUARAH C/O LAKHIDHAR SAIKIA

JUDGEMENT

(1.) This appeal has been filed by the husband-Amritjyoti Duarah-challenging the legality and validity of the impugned judgement and decree dated 14/08/2015, passed by the District Judge, Golaghat, in (M) Title Suit No. 9/2009. By the impugned judgement and decree, the suit of the appellant for divorce was dismissed.

(2.) The brief facts are these. Appellant married the respondent-Alaka Duarah-on 04/07/1995 and they lived as husband and wife for about a year. Also, out of their wedlock, a male child was born to respondent on 5/9/1996. According to the appellant, the respondent left his company on 20/04/1996 without any justifiable cause by refusing to stay with him. He made several attempts to bring her back from her paternal home, but in vain. Finding no other option, he filed a suit for restitution of conjugal rights on 10/11/1998 and vide order dated 3/6/1999, the District Judge, Golaghat, decreed the suit. In spite of the said decree, the respondent did not return to him even after lapse of 13 years and as such, he had to file suit for divorce on 25/5/2009, as the marriage got irretrievably broken down.

(3.) The respondent contested the suit by filing a written statement stating inter-alia that she was not treated properly by the appellant and she was not given the status she deserved. She stated that the appellant did not provide for accommodation, security and status in the Society. The appellant did not take her to the places of his posting and she was kept in a small one room thatched house at the backside of the official quarter of her father-in-law. The appellant used to stay in a different place as he is an employee of State Forest Department and he left the respondent with her father-in-law when she was pregnant of 5 (five) months. On 05/09/1996, she gave birth to a boy child and after 27 days of the birth of the newborn, the appellant came to her and assaulted her. She also stated that appellant used to live with a girl, namely, Krishna Ligira, whom he introduced as his cousin, but subsequently, he married that girl and a daughter was born from his second wife. The respondent asked the appellant to send her back, which he refused and as such, she filed a complaint case being C.R. Case No. 1961/2006 under 494/506 of Indian Penal Code. She also filed a petition under Section 125 of the Code of Criminal Procedure on 27/8/1998 seeking maintenance for herself and her newborn. Thereupon, after a lapse of 7 months, appellant instituted the suit for restitution of conjugal rights only to avoid payment of maintenance. As such, the respondent contended that she did not desert the appellant and instead, she was forced to leave the matrimonial home and hence, petition for divorce deserved to be dismissed.