RINA CHANDA Vs. SITANGSHU SEKHAR CHANDA

JUDGEMENT

(1.) This First Appeal u/s 19 of the Family Courts Act arises out of a cryptic judgment dated 24.9.96 delivered by the Principal Judge of the Family Court, Kamrup, Guwahati in Case No. F.C. (Civil) 12/94, as reproduced below:

(2.) The-parties married on 2.3.91, the marriage was solemnized at the parental home of the appellant. On 28th January, 1994, the respondent husband filed a petition u/s 13 of the Hindu Marriage Act, 1955 praying for a decree of divorce. The appellant contested the suit. The respondent closed his evidence, it was the appellant's turn to adduce evidence which she could not. The learned Judge by the impugned judgment as quoted above, allowed the petition for divorce.

(3.) The respondent petitioner was serving as an Assistant Executive Engineer in Public Health Engineering Department. Their marriage was solemnized according to Hindu rites and rituals at Adabari, the parental home of the appellant-wife. Nature was not kind to the couple they were issueless for more than two years after the marriage. It was the respondent husband's pleaded case that the appellant wife resisted cohabiting with him and thus became cruel. Her behavious towards his parent was not proper and forced the respondent to live separately from his parent. It was further pleaded that the respondent husband consuilted some welknown Obstetrician, his wife had undergone a surgical operation in 1992 at the hands of Dr. S.K. Seal. Some time in the month of April, 1992, while the respondent was transferred and posted at Dhing, district Nagaon, his wife on 13.9.93 visited her father at Adabari, Guwahati but failed to return thereafter despite repeated request from the respondent husband, who has also alleged rought, unpolished and cruel behaviour against the wife and charged her of being 'uneconomic' person. The husband was required to do manual work and at times pitted with harshness and cruelty and frequently abused in the 'coaresest' insulting language. To quote in respondent's own words :