DULAL CHANDRA BASAK Vs. RUMA DUTTA BASAK

JUDGEMENT

(1.) This appeal under Section 28 of the Hindu Marriage Act, 1955 has been filed by the husband-Dulal Chandra Basak -challenging the legality and validity of the impugned judgment and decree dated 26/09/2016 passed by the Additional District Judge, Sonitpur, Tezpur, in T.S. (Divorce) No. 66/2011, dismissing the suit filed by him under Section 13 of the Hindu Marriage Act, 1955, praying for a decree of divorce of his marriage with wife Ruma Dutta Basak.

(2.) The brief facts are these. Appellant married the respondent on 22/11/2004 under Hindu rites and rituals. Appellant is an employee of N.F.Railways and at the time of his marriage he did not get an official quarter. So, he kept respondent in his permanent residence at Guwahati and used to visit her on holidays and by taking leave. But, respondent did not try to understand the situation and the practical difficulties faced by appellant in not keeping her with him and suddenly on 30/01/2006 she left for her parental home without intimating either the appellant or his family members. Since then, she has been staying there and did not return to her matrimonial home in spite of repeated requests made by the appellant. Rather, she filed a petition for maintenance.

(3.) Appellant then, finding no alternative and after waiting for about 5(five) years in uncertainty, filed the petition for divorce in the court of Additional District Judge, Tezpur.